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Sub. H. B. No. 5 As Reported by the Senate Judiciary--Civil Justice CommitteeAs Reported by the Senate Judiciary--Civil Justice Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Okey, Murray, Letson, McKenney, Coley, Bubp, Carney, Combs, DeGeeter, Derickson, Foley, Garland, Luckie, Mallory, McClain, Milkovich, O'Brien, Patmon, Pillich, Slaby, Stebelton, Stinziano, Williams Speaker Batchelder
Senators Seitz, Obhof, Kearney, Wagoner
A BILL
To amend sections 117.091, 2329.66, 2901.02, 2929.18,
2929.24, 2929.25, 2929.27, 2929.28, 2951.02,
4507.02, 4507.164, 4507.35, 4510.036, 4510.037,
4510.11, 4510.12, 4510.14, 4510.16, 4510.161,
4510.21, 4510.22, 4510.41, 4511.19, 4511.203,
4549.02, 4549.021, and 4549.03 and to enact
sections 2746.01, 2746.02, 2746.03, 2746.04,
2746.05, 2746.06, 2746.07, 2746.08, 2746.09, and
4510.111 of the Revised Code to require the Ohio
Judicial Conference periodically to adjust the
dollar amounts specified in the general exemption
statute, to provide consolidated references to
Revised Code sections that establish costs and
fees, other than attorney fees, in the courts of
record of this state, to remove the provision
specifying that an investigator appointed by the
Auditor of State does not have the power and
authority to carry a concealed weapon, to modify
the penalties for certain offenses relating to the
operation of motor vehicles, and to allow for a
certificate of judgment to collect a financial
reimbursement sanction in certain cases, the
modification of a community control sanction, the
substitution of a community control sanction for
non-mandatory jail days, and the modification of a
community service sentence by substituting a
contribution to the local entity that funds the
court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 117.091, 2329.66, 2901.02, 2929.18,
2929.24, 2929.25, 2929.27, 2929.28, 2951.02, 4507.02, 4507.164,
4507.35, 4510.036, 4510.037, 4510.11, 4510.12, 4510.14, 4510.16,
4510.161, 4510.21, 4510.22, 4510.41, 4511.19, 4511.203, 4549.02,
4549.021, and 4549.03 be amended and sections 2746.01, 2746.02,
2746.03, 2746.04, 2746.05, 2746.06, 2746.07, 2746.08, 2746.09, and
4510.111 of the Revised Code be enacted to read as follows:
Sec. 117.091. For the purpose of discharging the duties of
the auditor of state, the auditor of state may appoint any
investigators that are necessary. The auditor of state shall not
appoint a person as an investigator under this section unless the
person holds a valid certificate from the Ohio peace officer
training council. While engaged in the scope of the investigator's
duties in enforcing this chapter, an investigator appointed under
this section has all of the powers and authority of a peace
officer under the laws of this state, except for the power and
authority to carry a concealed weapon.
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel or
item of real or personal property that the person or a dependent
of the person uses as a residence. Division (A)(1)(a) of this
section does not preclude, affect, or invalidate the creation
under this chapter of a judgment lien upon the exempted property
but only delays the enforcement of the lien until the property is
sold or otherwise transferred by the owner or in accordance with
other applicable laws to a person or entity other than the
surviving spouse or surviving minor children of the judgment
debtor. Every person who is domiciled in this state may hold
exempt from a judgment lien created pursuant to division (A)(1)(a)
of this section the person's interest, not to exceed twenty
thousand two hundred dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed twenty thousand two hundred
dollars, in one parcel or item of real or personal property that
the person or a dependent of the person uses as a residence.
(2) The person's interest, not to exceed three thousand two
hundred twenty-five dollars, in one motor vehicle;
(3) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person, other than personal earnings.
(4)(a) The person's interest, not to exceed five hundred
twenty-five dollars in any particular item or ten thousand seven
hundred seventy-five dollars in aggregate value, in household
furnishings, household goods, wearing apparel, appliances, books,
animals, crops, musical instruments, firearms, and hunting and
fishing equipment that are held primarily for the personal,
family, or household use of the person;
(b) The person's aggregate interest in one or more items of
jewelry, not to exceed one thousand three hundred fifty dollars,
held primarily for the personal, family, or household use of the
person or any of the person's dependents.
(5) The person's interest, not to exceed an aggregate of two
thousand twenty-five dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including agriculture;
(6)(a) The person's interest in a beneficiary fund set apart,
appropriated, or paid by a benevolent association or society, as
exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or endowment
insurance or annuities, as exempted by section 3911.10 of the
Revised Code;
(c) The person's interest in a policy of group insurance or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in lump sum
payments for dismemberment and other losses insured under those
policies, as exempted by section 3923.19 of the Revised Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but not
limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section 4123.67 of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted by section 5107.75 of the Revised Code;
(e) Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by
section 5115.06 of the Revised Code;
(g) Payments under section 24 or 32 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(10)(a) Except in cases in which the person was convicted of
or pleaded guilty to a violation of section 2921.41 of the Revised
Code and in which an order for the withholding of restitution from
payments was issued under division (C)(2)(b) of that section, in
cases in which an order for withholding was issued under section
2907.15 of the Revised Code, in cases in which an order for
forfeiture was issued under division (A) or (B) of section
2929.192 of the Revised Code, and in cases in which an order was
issued under 2929.193 of the Revised Code, and only to the extent
provided in the order, and except as provided in sections
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06
of the Revised Code, the person's right to a pension, benefit,
annuity, retirement allowance, or accumulated contributions, the
person's right to a participant account in any deferred
compensation program offered by the Ohio public employees deferred
compensation board, a government unit, or a municipal corporation,
or the person's other accrued or accruing rights, as exempted by
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or
5505.22 of the Revised Code, and the person's right to benefits
from the Ohio public safety officers death benefit fund;
(b) Except as provided in sections 3119.80, 3119.81, 3121.02,
3121.03, and 3123.06 of the Revised Code, the person's right to
receive a payment under any pension, annuity, or similar plan or
contract, not including a payment from a stock bonus or
profit-sharing plan or a payment included in division (A)(6)(b) or
(10)(a) of this section, on account of illness, disability, death,
age, or length of service, to the extent reasonably necessary for
the support of the person and any of the person's dependents,
except if all the following apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were deposited
for the purpose of evading the payment of any debt and except as
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's right in the assets held
in, or to receive any payment under, any individual retirement
account, individual retirement annuity, "Roth IRA," or education
individual retirement account that provides benefits by reason of
illness, disability, death, or age, to the extent that the assets,
payments, or benefits described in division (A)(10)(c) of this
section are attributable to any of the following:
(i) Contributions of the person that were less than or equal
to the applicable limits on deductible contributions to an
individual retirement account or individual retirement annuity in
the year that the contributions were made, whether or not the
person was eligible to deduct the contributions on the person's
federal tax return for the year in which the contributions were
made;
(ii) Contributions of the person that were less than or equal
to the applicable limits on contributions to a Roth IRA or
education individual retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within the
applicable limits on rollover contributions under subsections 219,
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(d) Except for any portion of the assets that were deposited
for the purpose of evading the payment of any debt and except as
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's right in the assets held
in, or to receive any payment under, any Keogh or "H.R. 10" plan
that provides benefits by reason of illness, disability, death, or
age, to the extent reasonably necessary for the support of the
person and any of the person's dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's dependents;
(12) The person's right to receive, or moneys received during
the preceding twelve calendar months from, any of the following:
(a) An award of reparations under sections 2743.51 to 2743.72
of the Revised Code, to the extent exempted by division (D) of
section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an inmate, as defined in section 2969.21 of the Revised
Code, and in which the payment resulted from a civil action or
appeal against a government entity or employee, as defined in
section 2969.21 of the Revised Code, a payment, not to exceed
twenty thousand two hundred dollars, on account of personal bodily
injury, not including pain and suffering or compensation for
actual pecuniary loss, of the person or an individual for whom the
person is a dependent;
(d) A payment in compensation for loss of future earnings of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised Code, personal
earnings of the person owed to the person for services in an
amount equal to the greater of the following amounts:
(a) If paid weekly, thirty times the current federal minimum
hourly wage; if paid biweekly, sixty times the current federal
minimum hourly wage; if paid semimonthly, sixty-five times the
current federal minimum hourly wage; or if paid monthly, one
hundred thirty times the current federal minimum hourly wage that
is in effect at the time the earnings are payable, as prescribed
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed to
the person.
(14) The person's right in specific partnership property, as
exempted by division (B)(3) of section 1775.24 of the Revised Code
or the person's rights in a partnership pursuant to section
1776.50 of the Revised Code, except as otherwise set forth in
section 1776.50 of the Revised Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition unit or a payment
under section 3334.09 of the Revised Code pursuant to a tuition
payment contract, as exempted by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's aggregate interest in any property, not to
exceed one thousand seventy-five dollars, except that division
(A)(18) of this section applies only in bankruptcy proceedings.
(B) On April 1, 2010, and on the first day of April in each
third calendar year after 2010, the Ohio judicial conference shall
adjust each dollar amount set forth in this section shall be
adjusted, when determining the amount that is exempt from
execution, garnishment, attachment, or sale pursuant to this
section, to reflect the change in the consumer price index for all
urban consumers, as published by the United States department of
labor, or, if that index is no longer published, a generally
available comparable index, for the three-year period ending on
the thirty-first day of December of the preceding year. Any
adjustments required by this division shall be rounded to the
nearest twenty-five dollars.
The Ohio judicial conference shall prepare a memorandum
specifying the adjusted dollar amounts. The judicial conference
shall transmit the memorandum to the director of the legislative
service commission, and the director shall publish the memorandum
in the register of Ohio. (Publication of the memorandum in the
register of Ohio shall continue until the next memorandum
specifying an adjustment is so published.) The judicial conference
also may publish the memorandum in any other manner it concludes
will be reasonably likely to inform persons who are affected by
its adjustment of the dollar amounts.
(C) As used in this section:
(1) "Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,
3121.03, or 3123.06 of the Revised Code.
(a) If the person who claims an exemption is an individual, a
relative of the individual, a relative of a general partner of the
individual, a partnership in which the individual is a general
partner, a general partner of the individual, or a corporation of
which the individual is a director, officer, or in control;
(b) If the person who claims an exemption is a corporation, a
director or officer of the corporation; a person in control of the
corporation; a partnership in which the corporation is a general
partner; a general partner of the corporation; or a relative of a
general partner, director, officer, or person in control of the
corporation;
(c) If the person who claims an exemption is a partnership, a
general partner in the partnership; a general partner of the
partnership; a person in control of the partnership; a partnership
in which the partnership is a general partner; or a relative in, a
general partner of, or a person in control of the partnership;
(d) An entity or person to which or whom any of the following
applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division (C)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or substantially
all of the property of the person who claims an exemption under a
lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (C)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an exemption.
(3) "Participant account" has the same meaning as in section
148.01 of the Revised Code.
(4) "Government unit" has the same meaning as in section
148.06 of the Revised Code.
(D) For purposes of this section, "interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition is
filed with the bankruptcy court commencing a case under Title 11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of the
date of an appraisal, if necessary under section 2329.68 of the
Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (D)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2746.01. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered or as compensation for the following persons or
any other of the following fees that are applicable in a
particular case:
(A) Appraisers, commissioners, or arbitrators appointed to
make or procure an appraisement or valuation of any property, as
provided in section 2335.02 of the Revised Code;
(B) Auctioneers appointed to conduct any public auction of
goods, chattels, or lands required to be sold by an officer of the
court, as provided in section 2335.021 of the Revised Code;
(C) Commissioners appointed to make partition of lands or to
assign dower and appraisers of real or personal property on
execution, replevin, or attachment or to fix the value of exempt
property, as provided in section 2335.01 of the Revised Code;
(D) Deposit of rent with the clerk of court by a resident of
a manufactured home park, as provided in section 3733.121 of the
Revised Code, or by a tenant of residential premises, as provided
in section 5321.08 of the Revised Code;
(E) Interpreters, as provided in section 2335.09 of the
Revised Code;
(F) Fees in a civil action or appeal commenced by an inmate
against a government entity or employee, as provided in section
2969.22 of the Revised Code;
(G) Procurement of a transcript of a judgment or proceeding
or exemplification of a record in an appeal or other civil action,
as provided in section 2303.21 of the Revised Code;
(H) Publication of an advertisement, notice, or proclamation
required to be published by a trustee, assignee, executor,
administrator, receiver, or other officer of the court or a party
in a case or proceeding, as provided in section 7.13 of the
Revised Code;
(I) Publication of calendars, motion dockets, legal
advertisements, and notices, the fees for which are not fixed by
law, as provided in section 2701.09 of the Revised Code;
(J) Sheriffs, as provided in section 311.17 of the Revised
Code;
(K) Township constables or members of the police force of a
township police district or joint police district, as provided in
section 509.15 of the Revised Code;
(L) Witnesses, as follows:
(1) Fees and mileage in civil cases, as provided in section
2335.06 of the Revised Code;
(2) Fees and mileage in criminal cases, as provided in
section 2335.08 of the Revised Code;
(3) Fees in all cases or proceedings not specified in
sections 2335.06 and 2335.08 of the Revised Code, as provided in
section 2335.05 of the Revised Code;
(4) Fees of municipal police officers in state felony cases,
as provided in section 2335.17 of the Revised Code;
(5) Fees in arbitration proceedings, as provided in section
2711.06 of the Revised Code.
(M) In an action to abate a nuisance or to enforce a local
code relating to buildings, the expenses of operating and
conserving the building, as provided in section 3767.41 of the
Revised Code.
Sec. 2746.02. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered, as compensation for the following persons, or
as part of the sentence imposed by the court, or any other of the
following fees that are applicable in a particular case:
(A) In a felony case, financial sanctions, as provided in
section 2929.18 of the Revised Code;
(B) In any criminal case, the costs of prosecution, as
provided in section 2947.23 of the Revised Code;
(C) In a misdemeanor case in which the offender is sentenced
to a jail term, the local detention facility is covered by a
policy adopted by the facility's governing authority requiring
reimbursement for the costs of confinement, and the offender is
presented with an itemized bill pursuant to section 2929.37 of the
Revised Code for such costs, the costs of confinement, as provided
in section 2929.24 of the Revised Code;
(D) In a case in which an offender is sentenced for
endangering children in violation of section 2919.22 of the
Revised Code, the costs of the offender's supervised community
service work, as provided in section 2919.22 of the Revised Code;
(E) In a case in which a defendant is charged with any of
certain sexual assault or prostitution-related offenses and is
found to be suffering from a venereal disease in an infectious
stage, the cost of medical treatment, as provided in section
2907.27 of the Revised Code;
(F) In a case in which a defendant is charged with harassment
with a bodily substance, the cost of medical testing, as provided
in section 2921.38 of the Revised Code;
(G) In a case in which a defendant is charged with violating
a protection order in violation of section 2919.27 of the Revised
Code or of a municipal ordinance that is substantially similar to
that section, the costs of any evaluation and preceding
examination of the defendant, as provided in section 2919.271 of
the Revised Code;
(H) Presentence psychological or psychiatric reports, as
provided in section 2947.06 of the Revised Code;
(I) In a criminal proceeding, the taking of a deposition of a
person who is imprisoned in a detention facility or state
correctional institution within this state or who is in the
custody of the department of youth services, as provided in
section 2945.47 of the Revised Code;
(J) In a case in which a person is convicted of or pleads
guilty to any offense other than a parking violation or in which a
child is found to be a delinquent child or a juvenile traffic
offender for an act that, if committed by an adult, would be an
offense other than a parking violation, additional costs and bail,
if applicable, as provided in sections 2743.70 and 2949.091 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;
(K) In a case in which a person is convicted of or pleads
guilty to a moving violation or in which a child is found to be a
juvenile traffic offender for an act which, if committed by an
adult, would be a moving violation, additional costs and bail, if
applicable, as provided in sections 2949.093 and 2949.094 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;
(L) In a case in which a defendant is convicted of abandoning
a junk vessel or outboard motor without notifying the appropriate
law enforcement officer, the cost incurred by the state or a
political subdivision in disposing of the vessel or motor, as
provided in section 1547.99 of the Revised Code;
(M) The costs of electronic monitoring in the following
cases:
(1) In a misdemeanor case in which the offender is convicted
of any of certain prostitution-related offenses and a
specification under section 2941.1421 of the Revised Code, as
provided in section 2929.24 of the Revised Code;
(2) In a case in which the court issues a criminal protection
order against a minor upon a petition alleging that the respondent
committed any of certain assault, menacing, or trespass offenses,
a sexually oriented offense, or an offense under a municipal
ordinance that is substantially equivalent to any of those
offenses, as provided in section 2151.34 of the Revised Code;
(3) In a case in which the court issues a protection order
against an adult upon a petition alleging that the respondent
committed menacing by stalking or a sexually oriented offense, as
provided in section 2903.214 of the Revised Code;
(4) In a case in which an offender is convicted of violating
a protection order, as provided in section 2919.27 of the Revised
Code;
(5) In a case in which the offender is convicted of any
sexually oriented offense and is a tier III sex
offender/child-victim offender relative to that offense, as
provided in section 2929.13 of the Revised Code.
(N) In a proceeding for post-conviction relief, a transcript,
as provided in section 2953.21 of the Revised Code;
(O) In a proceeding for the sealing of a conviction record,
the fee provided for in section 2953.32 of the Revised Code.
Sec. 2746.03. In addition to any applicable fees or costs
set forth in sections 2746.01 and 2746.02 of the Revised Code or
any other applicable provision of law, the supreme court, a court
of appeals, or the court of claims shall tax as costs or otherwise
require the payment of fees for the following services rendered or
as compensation for the following persons or any other of the
following fees that are applicable in a particular case:
(A) In the supreme court, filing fees, as provided in section
2503.17 of the Revised Code;
(B) In a court of appeals:
(1) Fees collectible by the clerk of a court of common pleas
when acting as the clerk of the court of appeals of the county, as
provided in section 2303.03 of the Revised Code;
(2) Additional filing fees or charges for special projects,
programs, or services, as provided in section 2501.16 of the
Revised Code;
(3) Sheriffs or other officers who serve process, as provided
in section 2501.19 of the Revised Code;
(4) Shorthand reporters, as provided in section 2501.17 of
the Revised Code;
(5) The expense of preparing and transcribing the record in
an appeal to the tenth district court of appeals from a ruling of
the director of health under the certificate of need program, as
provided in section 3702.60 of the Revised Code.
(C) In the court of claims:
(1) The fees provided for in section 2743.09 of the Revised
Code;
(2) Witness fees and mileage, as provided in section 2743.06
of the Revised Code.
Sec. 2746.04. In addition to any applicable fees or costs
set forth in sections 2746.01 and 2746.02 of the Revised Code or
any other applicable provision of law, a court of common pleas
shall tax as costs or otherwise require the payment of fees for
the following services rendered or as compensation for the
following persons or any other of the following fees that are
applicable in a particular case:
(A) The fees provided for in section 2303.20 of the Revised
Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, computerize the office of
the clerk of the court, provide financial assistance to legal aid
societies, support the office of the state public defender, fund
shelters for victims of domestic violence, and special projects of
the court, as provided in section 2303.201 and, for a court that
has a domestic relations division, section 2301.031 of the Revised
Code;
(C) Filing for a divorce decree under section 3105.10 or a
decree of dissolution under section 3105.65 of the Revised Code,
as provided in section 3109.14 of the Revised Code;
(D) Filing of a foreign judgment pursuant to section 2329.022
of the Revised Code, as provided in section 2329.025 of the
Revised Code;
(E) Interpreters, as provided in section 2301.14 of the
Revised Code;
(F) Jurors in civil actions, as provided in section 2335.28
of the Revised Code;
(G) Shorthand reporters, as provided in sections 2301.21 and
2301.24 of the Revised Code;
(H) In a case involving the operation by a nonresident of a
vessel upon the waters in this state, or the operation on the
waters in this state of a vessel owned by a nonresident if
operated with his consent, actual traveling expenses of the
defendant, as provided in section 1547.36 of the Revised Code;
(I) In a civil case, the expenses of taking a deposition of a
person who is imprisoned in a workhouse, juvenile detention
facility, jail, or state correctional institution within this
state, or who is in the custody of the department of youth
services, as provided in section 2317.06 of the Revised Code;
(J) In proceedings relating to the examination of a judgment
debtor under sections 2333.09 to 2333.27 of the Revised Code,
compensation for clerks, sheriffs, referees, receivers, and
witnesses, as provided in section 2333.27 of the Revised Code;
(K) In an appeal from an order of an agency issued pursuant
to an adjudication under section 119.12 of the Revised Code, the
expense of preparing and transcribing the record;
(L) In a case in which the court issues a protection order
upon a petition alleging that the respondent engaged in domestic
violence against a family or household member, the cost of
supervision of the respondent's exercise of parenting time,
visitation, or companionship rights, as provided in section
3113.31 of the Revised Code;
(M) Upon a petition to have a person involuntarily
institutionalized, the costs of appointed counsel for the
respondent at a full hearing, as provided in section 5123.76 of
the Revised Code;
(N) In a case before the domestic relations division of the
Hamilton county court of common pleas, the expense of serving a
summons, warrant, citation, subpoena, or other writ issued to an
officer other than a bailiff, constable, or staff investigator of
the division, as provided in section 2301.03 of the Revised Code.
Sec. 2746.05. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a juvenile court
shall tax as costs or otherwise require the payment of fees for
the following services or as compensation for the following
persons:
(A) The fees provided for in section 2151.54 of the Revised
Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in sections 2151.541,
2153.081, and 2301.031 of the Revised Code;
(C) The costs of house arrest with electronic monitoring, as
provided in section 2152.19 of the Revised Code;
(D) Witness fees, as provided in section 2151.28 of the
Revised Code.
Sec. 2746.06. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, and subject to any
waiver of fees for combat zone casualties under section 2101.164
of the Revised Code and any reduction of fees under section
2101.20 of the Revised Code, a probate court shall tax as costs or
otherwise require the payment of fees for the following services
rendered or as compensation for the following persons or any other
of the following fees that are applicable in a particular case:
(A) The fees provided for in sections 2101.16, 2101.17,
2101.18, and 2101.32 of the Revised Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 2101.162 of the
Revised Code;
(C) In a proceeding upon the assignment of property in trust
for the benefit of creditors, the fees provided for in section
1313.52 of the Revised Code;
(D) The fees allowable to a special master commissioner under
section 2101.07 of the Revised Code;
(E) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the probate judge, a filing fee,
as provided in section 2101.163 of the Revised Code;
(F) Costs incident to the appointment of a fiduciary, as
provided in section 2101.21 of the Revised Code;
(G) A fee for solemnizing a marriage, as provided in section
2101.27 of the Revised Code;
(H) The additional marriage license fee provided for in
section 3113.34 of the Revised Code;
(I) The fee for deposit of a will provided for in section
2107.07 of the Revised Code;
(J) In a proceeding for the appointment of a guardian for an
alleged incompetent, physicians and other qualified persons to
examine, investigate, or represent the alleged incompetent, as
provided in section 2111.031 of the Revised Code;
(K) In an action to obtain authority to sell real estate, the
fees for failure to enter a release and satisfaction provided for
in section 2127.19 of the Revised Code;
(L) In a proceeding in aid of execution, the fees provided
for in section 2333.26 and 2333.27 of the Revised Code.
Sec. 2746.07. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a municipal court
shall tax as costs or otherwise require the payment of fees for
the following services or as compensation for the following
persons:
(A) The fees and costs provided for in section 1901.26 of the
Revised Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 1901.261 of the
Revised Code;
(C) Jurors, as provided in section 1901.25 of the Revised
Code;
(D) In proceedings in the small claims division, the fees and
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11,
and 1925.15 of the Revised Code;
(E) In a case in which an accused is brought before the court
pursuant to a warrant to keep the peace, an appeal bond, as
provided in section 2933.06 of the Revised Code;
(F) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the court, a filing fee, as
provided in section 1901.262 of the Revised Code;
(G) In a case in which the clerk of the Cleveland municipal
court files a copy of a defendant's bond with the county recorder,
the recording fees and charges, as provided in section 1901.21 of
the Revised Code;
(H) In a criminal case, the expenses of an evaluation of the
defendant's competence to stand trial or the defendant's mental
condition at the time of the commission of the offense, as
provided in section 2945.37 of the Revised Code.
Sec. 2746.08. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a county court
shall tax as costs or otherwise require the payment of fees for
the following services rendered or as compensation for the
following persons or such other of the following fees as are
applicable in a particular case:
(A) The fees and costs provided for in section 1907.24 of the
Revised Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 1907.261 of the
Revised Code;
(C) Arbitrators, as provided in section 1907.42 of the
Revised Code;
(D) Jurors, as provided in section 1907.28 of the Revised
Code;
(E) Performing a marriage ceremony, as provided in section
1907.26 of the Revised Code;
(F) Witnesses, as provided in section 1907.27 of the Revised
Code;
(G) In proceedings in the small claims division, the fees and
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11,
and 1925.15 of the Revised Code;
(H) In a case in which an accused is brought before the court
pursuant to a warrant to keep the peace, an appeal bond, as
provided in section 2933.06 of the Revised Code;
(I) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the court, a filing fee, as
provided in section 1907.262 of the Revised Code.
Sec. 2746.09. In addition to any other applicable fees or
costs set forth in this chapter, a court shall tax as costs or
otherwise require the payment of the following fees, costs, or
expenses:
(A) The costs and expenses of a receiver allowed by the court
under section 323.49 of the Revised Code in a proceeding brought
by a county treasurer to be appointed receiver for the purposes of
collecting taxes and assessments charged upon real estate;
(B) The expenses of a referee or receiver allowed by the
court under section 1334.08 of the Revised Code in an action
brought by the attorney general pursuant to that section for a
violation of the business opportunity plans act;
(C) The expenses of a referee or receiver allowed by the
court under section 1345.07 of the Revised Code in an action
brought by the attorney general pursuant to that section for a
violation of the consumer sales practices act;
(D) The expenses of a master or receiver allowed by the court
under section 5311.27 of the Revised Code in an action brought by
the attorney general pursuant to that section for a violation of
the condominium act;
(E) Fees to which a receiver appointed under section 2715.20
or 2735.01 of the Revised Code may be entitled;
(F) Fees allowed to a receiver under any applicable rule of
court.
Sec. 2901.02. As used in the Revised Code:
(A) Offenses include aggravated murder, murder, felonies of
the first, second, third, fourth, and fifth degree, misdemeanors
of the first, second, third, and fourth degree, minor
misdemeanors, and offenses not specifically classified.
(B) Aggravated murder when the indictment or the count in the
indictment charging aggravated murder contains one or more
specifications of aggravating circumstances listed in division (A)
of section 2929.04 of Revised Code, and any other offense for
which death may be imposed as a penalty, is a capital offense.
(C) Aggravated murder and murder are felonies.
(D) Regardless of the penalty that may be imposed, any
offense specifically classified as a felony is a felony, and any
offense specifically classified as a misdemeanor is a misdemeanor.
(E) Any offense not specifically classified is a felony if
imprisonment for more than one year may be imposed as a penalty.
(F) Any offense not specifically classified is a misdemeanor
if imprisonment for not more than one year may be imposed as a
penalty.
(G) Any offense not specifically classified is a minor
misdemeanor if the only penalty that may be imposed is one of the
following:
(1) For an offense committed prior to the effective date of
this amendment January 1, 2004, a fine not exceeding one hundred
dollars;
(2) For an offense committed on or after the effective date
of this amendment January 1, 2004, a fine not exceeding one
hundred fifty dollars, community service under division (C)(D) of
section 2929.27 of the Revised Code, or a financial sanction other
than a fine under section 2929.28 of the Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23 of the Revised Code, the court imposing a sentence
upon an offender for a felony may sentence the offender to any
financial sanction or combination of financial sanctions
authorized under this section or, in the circumstances specified
in section 2929.32 of the Revised Code, may impose upon the
offender a fine in accordance with that section. Financial
sanctions that may be imposed pursuant to this section include,
but are not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount based
on the victim's economic loss. If the court imposes restitution,
the court shall order that the restitution be made to the victim
in open court, to the adult probation department that serves the
county on behalf of the victim, to the clerk of courts, or to
another agency designated by the court. If the court imposes
restitution, at sentencing, the court shall determine the amount
of restitution to be made by the offender. If the court imposes
restitution, the court may base the amount of restitution it
orders on an amount recommended by the victim, the offender, a
presentence investigation report, estimates or receipts indicating
the cost of repairing or replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold a hearing on restitution if the
offender, victim, or survivor disputes the amount. All restitution
payments shall be credited against any recovery of economic loss
in a civil action brought by the victim or any survivor of the
victim against the offender.
If the court imposes restitution, the court may order that
the offender pay a surcharge of not more than five per cent of the
amount of the restitution otherwise ordered to the entity
responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2) of this
section to one or more law enforcement agencies, with the amount
of the fine based on a standard percentage of the offender's daily
income over a period of time determined by the court and based
upon the seriousness of the offense. A fine ordered under this
division shall not exceed the maximum conventional fine amount
authorized for the level of the offense under division (A)(3) of
this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty
thousand dollars;
(b) For a felony of the second degree, not more than fifteen
thousand dollars;
(c) For a felony of the third degree, not more than ten
thousand dollars;
(d) For a felony of the fourth degree, not more than five
thousand dollars;
(e) For a felony of the fifth degree, not more than two
thousand five hundred dollars.
(4) A state fine or costs as defined in section 2949.111 of
the Revised Code.
(5)(a) Reimbursement by the offender of any or all of the
costs of sanctions incurred by the government, including the
following:
(i) All or part of the costs of implementing any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement under a sanction
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the
Revised Code, provided that the amount of reimbursement ordered
under this division shall not exceed the total amount of
reimbursement the offender is able to pay as determined at a
hearing and shall not exceed the actual cost of the confinement;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) If the offender is sentenced to a sanction of confinement
pursuant to section 2929.14 or 2929.16 of the Revised Code that is
to be served in a facility operated by a board of county
commissioners, a legislative authority of a municipal corporation,
or another local governmental entity, if, pursuant to section
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,
or 2947.19 of the Revised Code and section 2929.37 of the Revised
Code, the board, legislative authority, or other local
governmental entity requires prisoners to reimburse the county,
municipal corporation, or other entity for its expenses incurred
by reason of the prisoner's confinement, and if the court does not
impose a financial sanction under division (A)(5)(a)(ii) of this
section, confinement costs may be assessed pursuant to section
2929.37 of the Revised Code. In addition, the offender may be
required to pay the fees specified in section 2929.38 of the
Revised Code in accordance with that section.
(c) Reimbursement by the offender for costs pursuant to
section 2929.71 of the Revised Code.
(B)(1) For a first, second, or third degree felony violation
of any provision of Chapter 2925., 3719., or 4729. of the Revised
Code, the sentencing court shall impose upon the offender a
mandatory fine of at least one-half of, but not more than, the
maximum statutory fine amount authorized for the level of the
offense pursuant to division (A)(3) of this section. If an
offender alleges in an affidavit filed with the court prior to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon an
offender under division (A)(2) or (3) of this section for any
fourth or fifth degree felony violation of any provision of
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid
to law enforcement agencies pursuant to division (F) of section
2925.03 of the Revised Code.
(3) For a fourth degree felony OVI offense and for a third
degree felony OVI offense, the sentencing court shall impose upon
the offender a mandatory fine in the amount specified in division
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever
is applicable. The mandatory fine so imposed shall be disbursed as
provided in the division pursuant to which it is imposed.
(4) Notwithstanding any fine otherwise authorized or required
to be imposed under division (A)(2) or (3) or (B)(1) of this
section or section 2929.31 of the Revised Code for a violation of
section 2925.03 of the Revised Code, in addition to any penalty or
sanction imposed for that offense under section 2925.03 or
sections 2929.11 to 2929.18 of the Revised Code and in addition to
the forfeiture of property in connection with the offense as
prescribed in Chapter 2981. of the Revised Code, the court that
sentences an offender for a violation of section 2925.03 of the
Revised Code may impose upon the offender a fine in addition to
any fine imposed under division (A)(2) or (3) of this section and
in addition to any mandatory fine imposed under division (B)(1) of
this section. The fine imposed under division (B)(4) of this
section shall be used as provided in division (H) of section
2925.03 of the Revised Code. A fine imposed under division (B)(4)
of this section shall not exceed whichever of the following is
applicable:
(a) The total value of any personal or real property in which
the offender has an interest and that was used in the course of,
intended for use in the course of, derived from, or realized
through conduct in violation of section 2925.03 of the Revised
Code, including any property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest in any property of the
type described in division (B)(4)(a) of this section or if it is
not possible to ascertain whether the offender has an interest in
any property of that type in which the offender may have an
interest, the amount of the mandatory fine for the offense imposed
under division (B)(1) of this section or, if no mandatory fine is
imposed under division (B)(1) of this section, the amount of the
fine authorized for the level of the offense imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this
section, the court shall determine whether the offender has an
interest in any property of the type described in division
(B)(4)(a) of this section. Except as provided in division (B)(6)
or (7) of this section, a fine that is authorized and imposed
under division (B)(4) of this section does not limit or affect the
imposition of the penalties and sanctions for a violation of
section 2925.03 of the Revised Code prescribed under those
sections or sections 2929.11 to 2929.18 of the Revised Code and
does not limit or affect a forfeiture of property in connection
with the offense as prescribed in Chapter 2981. of the Revised
Code.
(6) If the sum total of a mandatory fine amount imposed for a
first, second, or third degree felony violation of section 2925.03
of the Revised Code under division (B)(1) of this section plus the
amount of any fine imposed under division (B)(4) of this section
does not exceed the maximum statutory fine amount authorized for
the level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court may impose a fine
for the offense in addition to the mandatory fine and the fine
imposed under division (B)(4) of this section. The sum total of
the amounts of the mandatory fine, the fine imposed under division
(B)(4) of this section, and the additional fine imposed under
division (B)(6) of this section shall not exceed the maximum
statutory fine amount authorized for the level of the offense
under division (A)(3) of this section or section 2929.31 of the
Revised Code. The clerk of the court shall pay any fine that is
imposed under division (B)(6) of this section to the county,
township, municipal corporation, park district as created pursuant
to section 511.18 or 1545.04 of the Revised Code, or state law
enforcement agencies in this state that primarily were responsible
for or involved in making the arrest of, and in prosecuting, the
offender pursuant to division (F) of section 2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any fine
imposed under division (B)(4) of this section exceeds the maximum
statutory fine amount authorized for the level of the offense
under division (A)(3) of this section or section 2929.31 of the
Revised Code, the court shall not impose a fine under division
(B)(6) of this section.
(8)(a) If an offender who is convicted of or pleads guilty to
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code also is convicted of or pleads guilty to a specification of
the type described in section 2941.1422 of the Revised Code that
charges that the offender knowingly committed the offense in
furtherance of human trafficking, the sentencing court shall
sentence the offender to a financial sanction of restitution by
the offender to the victim or any survivor of the victim, with the
restitution including the costs of housing, counseling, and
medical and legal assistance incurred by the victim as a direct
result of the offense and the greater of the following:
(i) The gross income or value to the offender of the victim's
labor or services;
(ii) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of the "Federal Fair Labor
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state
labor laws.
(b) If a court imposing sentence upon an offender for a
felony is required to impose upon the offender a financial
sanction of restitution under division (B)(8)(a) of this section,
in addition to that financial sanction of restitution, the court
may sentence the offender to any other financial sanction or
combination of financial sanctions authorized under this section,
including a restitution sanction under division (A)(1) of this
section.
(C)(1) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by the department of rehabilitation and correction
in operating a prison or other facility used to confine offenders
pursuant to sanctions imposed under section 2929.14, 2929.142, or
2929.16 of the Revised Code to the treasurer of state. The
treasurer of state shall deposit the reimbursements in the
confinement cost reimbursement fund that is hereby created in the
state treasury. The department of rehabilitation and correction
shall use the amounts deposited in the fund to fund the operation
of facilities used to confine offenders pursuant to sections
2929.14, 2929.142, and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by a county pursuant to any sanction imposed under
this section or section 2929.16 or 2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.16 of the Revised Code to the
county treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county treasury.
The county shall use the amounts deposited in the fund to pay the
costs incurred by the county pursuant to any sanction imposed
under this section or section 2929.16 or 2929.17 of the Revised
Code or in operating a facility used to confine offenders pursuant
to a sanction imposed under section 2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.16 or 2929.17 of the
Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.16 of the
Revised Code to the treasurer of the municipal corporation. The
treasurer shall deposit the reimbursements in a special fund that
shall be established in the treasury of each municipal
corporation. The municipal corporation shall use the amounts
deposited in the fund to pay the costs incurred by the municipal
corporation pursuant to any sanction imposed under this section or
section 2929.16 or 2929.17 of the Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed pursuant to
division (A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section 2929.16 or 2929.17 of the Revised Code to the provider.
(D) Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or (B) of this
section is a judgment in favor of the state or a political
subdivision in which the court that imposed the financial sanction
is located, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed
pursuant to division (A)(5)(a)(ii) of this section upon an
offender who is incarcerated in a state facility or a municipal
jail is a judgment in favor of the state or the municipal
corporation, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed
upon an offender pursuant to this section for costs incurred by a
private provider of sanctions is a judgment in favor of the
private provider, and the offender subject to the financial
sanction is the judgment debtor. A financial sanction of
restitution imposed pursuant to division (A)(1) or (B)(8) of this
section is an order in favor of the victim of the offender's
criminal act that can be collected through a certificate of
judgment as described in division (D)(1) of this section, through
execution as described in division (D)(1)(2) of this section, or
through an order as described in division (D)(2)(3) of this
section, and the offender shall be considered for purposes of the
collection as the judgment debtor. Imposition of a financial
sanction and execution on the judgment does not preclude any other
power of the court to impose or enforce sanctions on the offender.
Once the financial sanction is imposed as a judgment or order
under this division, the victim, private provider, state, or
political subdivision may
bring an action to do any of the
following:
(1) Obtain from the clerk of the court in which the judgment
was entered a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;
(2) Obtain execution of the judgment or order through any
available procedure, including:
(a) An execution against the property of the judgment debtor
under Chapter 2329. of the Revised Code;
(b) An execution against the person of the judgment debtor
under Chapter 2331. of the Revised Code;
(c) A proceeding in aid of execution under Chapter 2333. of
the Revised Code, including:
(i) A proceeding for the examination of the judgment debtor
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person of the
judgment debtor under section 2333.28 of the Revised Code;
(iii) A creditor's suit under section 2333.01 of the Revised
Code.
(d) The attachment of the property of the judgment debtor
under Chapter 2715. of the Revised Code;
(e) The garnishment of the property of the judgment debtor
under Chapter 2716. of the Revised Code.
(2)(3) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised Code.
(E) A court that imposes a financial sanction upon an
offender may hold a hearing if necessary to determine whether the
offender is able to pay the sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction upon an offender
under this section or under section 2929.32 of the Revised Code
may designate the clerk of the court or another person to collect
the financial sanction. The clerk or other person authorized by
law or the court to collect the financial sanction may enter into
contracts with one or more public agencies or private vendors for
the collection of, amounts due under the financial sanction
imposed pursuant to this section or section 2929.32 of the Revised
Code. Before entering into a contract for the collection of
amounts due from an offender pursuant to any financial sanction
imposed pursuant to this section or section 2929.32 of the Revised
Code, a court shall comply with sections 307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial sanction under
division (A) or (B) of this section finds that an offender
satisfactorily has completed all other sanctions imposed upon the
offender and that all restitution that has been ordered has been
paid as ordered, the court may suspend any financial sanctions
imposed pursuant to this section or section 2929.32 of the Revised
Code that have not been paid.
(H) No financial sanction imposed under this section or
section 2929.32 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Sec. 2929.24. (A) Except as provided in section 2929.22 or
2929.23 of the Revised Code or division (E) or (F) of this section
and unless another term is required or authorized pursuant to law,
if the sentencing court imposing a sentence upon an offender for a
misdemeanor elects or is required to impose a jail term on the
offender pursuant to this chapter, the court shall impose a
definite jail term that shall be one of the following:
(1) For a misdemeanor of the first degree, not more than one
hundred eighty days;
(2) For a misdemeanor of the second degree, not more than
ninety days;
(3) For a misdemeanor of the third degree, not more than
sixty days;
(4) For a misdemeanor of the fourth degree, not more than
thirty days.
(B)(1) A court that sentences an offender to a jail term
under this section may permit the offender to serve the sentence
in intermittent confinement or may authorize a limited release of
the offender as provided in division (B) of section 2929.26 of the
Revised Code. The court retains jurisdiction over every offender
sentenced to jail to modify the jail sentence imposed at any time,
but the court shall not reduce any mandatory jail term.
(2)(a) If a prosecutor, as defined in section 2935.01 of the
Revised Code, has filed a notice with the court that the
prosecutor wants to be notified about a particular case and if the
court is considering modifying the jail sentence of the offender
in that case, the court shall notify the prosecutor that the court
is considering modifying the jail sentence of the offender in that
case. The prosecutor may request a hearing regarding the court's
consideration of modifying the jail sentence of the offender in
that case, and, if the prosecutor requests a hearing, the court
shall notify the eligible offender of the hearing.
(b) If the prosecutor requests a hearing regarding the
court's consideration of modifying the jail sentence of the
offender in that case, the court shall hold the hearing before
considering whether or not to release the offender from the
offender's jail sentence.
(C) If a court sentences an offender to a jail term under
this section and the court assigns the offender to a county jail
that has established a county jail industry program pursuant to
section 5147.30 of the Revised Code, the court shall specify, as
part of the sentence, whether the offender may be considered for
participation in the program. During the offender's term in the
county jail, the court retains jurisdiction to modify its
specification regarding the offender's participation in the county
jail industry program.
(D) If a person is sentenced to a jail term pursuant to this
section, the court may impose as part of the sentence pursuant to
section 2929.28 of the Revised Code a reimbursement sanction, and,
if the local detention facility in which the term is to be served
is covered by a policy adopted pursuant to section 307.93, 341.14,
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or
2947.19 of the Revised Code and section 2929.37 of the Revised
Code, both of the following apply:
(1) The court shall specify both of the following as part of
the sentence:
(a) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section.
(b) If the person does not dispute the bill described in
division (D)(1)(a) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may issue a certificate of judgment against the
person as described in that section.
(2) The sentence automatically includes any certificate of
judgment issued as described in division (D)(1)(b) of this
section.
(E) If an offender who is convicted of or pleads guilty to a
violation of division (B) of section 4511.19 of the Revised Code
also is convicted of or also pleads guilty to a specification of
the type described in section 2941.1416 of the Revised Code and if
the court imposes a jail term on the offender for the underlying
offense, the court shall impose upon the offender an additional
definite jail term of not more than six months. The additional
jail term shall not be reduced pursuant to any provision of the
Revised Code. The offender shall serve the additional jail term
consecutively to and prior to the jail term imposed for the
underlying offense and consecutively to any other mandatory term
imposed in relation to the offense.
(F)(1) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or
2907.25 of the Revised Code and to a specification of the type
described in section 2941.1421 of the Revised Code and if the
court imposes a jail term on the offender for the misdemeanor
violation, the court may impose upon the offender an additional
definite jail term as follows:
(a) Subject to division (F)(1)(b) of this section, an
additional definite jail term of not more than sixty days;
(b) If the offender previously has been convicted of or
pleaded guilty to one or more misdemeanor or felony violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional definite jail term of not more than one hundred twenty
days.
(2) In lieu of imposing an additional definite jail term
under division (F)(1) of this section, the court may directly
impose on the offender a sanction that requires the offender to
wear a real-time processing, continual tracking electronic
monitoring device during the period of time specified by the
court. The period of time specified by the court shall equal the
duration of an additional jail term that the court could have
imposed upon the offender under division (F)(1) of this section. A
sanction imposed under this division shall commence on the date
specified by the court, provided that the sanction shall not
commence until after the offender has served the jail term imposed
for the misdemeanor violation of section 2907.23, 2907.24,
2907.241, or 2907.25 of the Revised Code and any residential
sanction imposed for the violation under section 2929.26 of the
Revised Code. A sanction imposed under this division shall be
considered to be a community control sanction for purposes of
section 2929.25 of the Revised Code, and all provisions of the
Revised Code that pertain to community control sanctions shall
apply to a sanction imposed under this division, except to the
extent that they would by their nature be clearly inapplicable.
The offender shall pay all costs associated with a sanction
imposed under this division, including the cost of the use of the
monitoring device.
(G) If an offender is convicted of or pleads guilty to a
misdemeanor violation of section 2903.13 of the Revised Code and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1423 of the Revised Code that
charges that the victim of the violation was a woman whom the
offender knew was pregnant at the time of the violation, the court
shall impose on the offender a mandatory jail term that is a
definite term of at least thirty days.
(H) If a court sentences an offender to a jail term under
this section, the sentencing court retains jurisdiction over the
offender and the jail term. Upon motion of either party or upon
the court's own motion, the court, in the court's sole discretion
and as the circumstances warrant, may substitute one or more
community control sanctions under section 2929.26 or 2929.27 of
the Revised Code for any jail days that are not mandatory jail
days.
Sec. 2929.25. (A)(1) Except as provided in sections 2929.22
and 2929.23 of the Revised Code or when a jail term is required by
law, in sentencing an offender for a misdemeanor, other than a
minor misdemeanor, the sentencing court may do either of the
following:
(a) Directly impose a sentence that consists of one or more
community control sanctions authorized by section 2929.26,
2929.27, or 2929.28 of the Revised Code. The court may impose any
other conditions of release under a community control sanction
that the court considers appropriate. If the court imposes a jail
term upon the offender, the court may impose any community control
sanction or combination of community control sanctions in addition
to the jail term.
(b) Impose a jail term under section 2929.24 of the Revised
Code from the range of jail terms authorized under that section
for the offense, suspend all or a portion of the jail term
imposed, and place the offender under a community control sanction
or combination of community control sanctions authorized under
section 2929.26, 2929.27, or 2929.28 of the Revised Code.
(2) The duration of all community control sanctions imposed
upon an offender and in effect for an offender at any time shall
not exceed five years.
(3) At sentencing, if a court directly imposes a community
control sanction or combination of community control sanctions
pursuant to division (A)(1)(a) or (B) of this section, the court
shall state the duration of the community control sanctions
imposed and shall notify the offender that if any of the
conditions of the community control sanctions are violated the
court may do any of the following:
(a) Impose a longer time under the same community control
sanction if the total time under all of the offender's community
control sanctions does not exceed the five-year limit specified in
division (A)(2) of this section;
(b) Impose a more restrictive community control sanction
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,
but the court is not required to impose any particular sanction or
sanctions;
(c) Impose a definite jail term from the range of jail terms
authorized for the offense under section 2929.24 of the Revised
Code.
(B) If a court sentences an offender to any community control
sanction or combination of community control sanctions pursuant to
division (A)(1)(a) of this section, the sentencing court retains
jurisdiction over the offender and the period of community control
for the duration of the period of community control. Upon the
motion of either party or on the court's own motion, the court, in
the court's sole discretion and as the circumstances warrant, may
modify the community control sanctions or conditions of release
previously imposed, substitute a community control sanction or
condition of release for another community control sanction or
condition of release previously imposed, or impose an additional
community control sanction or condition of release.
(C)(1) If a court sentences an offender to any community
control sanction or combination of community control sanctions
authorized under section 2929.26, 2929.27, or 2929.28 of the
Revised Code, the court shall place the offender under the general
control and supervision of the court or of a department of
probation in the jurisdiction that serves the court for purposes
of reporting to the court a violation of any of the conditions of
the sanctions imposed. If the offender resides in another
jurisdiction and a department of probation has been established to
serve the municipal court or county court in that jurisdiction,
the sentencing court may request the municipal court or the county
court to receive the offender into the general control and
supervision of that department of probation for purposes of
reporting to the sentencing court a violation of any of the
conditions of the sanctions imposed. The sentencing court retains
jurisdiction over any offender whom it sentences for the duration
of the sanction or sanctions imposed.
(2) The sentencing court shall require as a condition of any
community control sanction that the offender abide by the law and
not leave the state without the permission of the court or the
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good
behavior, the court may impose additional requirements on the
offender. The offender's compliance with the additional
requirements also shall be a condition of the community control
sanction imposed upon the offender.
(C)(D)(1) If the court imposing sentence upon an offender
sentences the offender to any community control sanction or
combination of community control sanctions authorized under
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if
the offender violates any of the conditions of the sanctions, the
public or private person or entity that supervises or administers
the program or activity that comprises the sanction shall report
the violation directly to the sentencing court or to the
department of probation or probation officer with general control
and supervision over the offender. If the public or private person
or entity reports the violation to the department of probation or
probation officer, the department or officer shall report the
violation to the sentencing court.
(2) If an offender violates any condition of a community
control sanction, the sentencing court may impose upon the
violator one or more of the following penalties:
(a) A longer time under the same community control sanction
if the total time under all of the community control sanctions
imposed on the violator does not exceed the five-year limit
specified in division (A)(2) of this section;
(b) A more restrictive community control sanction;
(c) A combination of community control sanctions, including a
jail term.
(3) If the court imposes a jail term upon a violator pursuant
to division (C)(D)(2) of this section, the total time spent in
jail for the misdemeanor offense and the violation of a condition
of the community control sanction shall not exceed the maximum
jail term available for the offense for which the sanction that
was violated was imposed. The court may reduce the longer period
of time that the violator is required to spend under the longer
sanction or the more restrictive sanction imposed under division
(C)(D)(2) of this section by all or part of the time the violator
successfully spent under the sanction that was initially imposed.
(D)(E) Except as otherwise provided in this division, if an
offender, for a significant period of time, fulfills the
conditions of a community control sanction imposed pursuant to
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an
exemplary manner, the court may reduce the period of time under
the community control sanction or impose a less restrictive
community control sanction. Fulfilling the conditions of a
community control sanction does not relieve the offender of a duty
to make restitution under section 2929.28 of the Revised Code.
Sec. 2929.27. (A) Except when a mandatory jail term is
required by law, the court imposing a sentence for a misdemeanor,
other than a minor misdemeanor, may impose upon the offender any
nonresidential sanction or combination of nonresidential sanctions
authorized under this division. Nonresidential sanctions include,
but are not limited to, the following:
(1) A term of day reporting;
(2) A term of house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, a term of electronic monitoring or
continuous alcohol monitoring without house arrest, or a term of
house arrest without electronic monitoring or continuous alcohol
monitoring;
(3) A term of community service of up to five hundred hours
for a misdemeanor of the first degree or two hundred hours for a
misdemeanor of the second, third, or fourth degree;
(4) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court;
(5) A term of intensive probation supervision;
(6) A term of basic probation supervision;
(7) A term of monitored time;
(8) A term of drug and alcohol use monitoring, including
random drug testing;
(10) A requirement that the offender obtain employment;
(11) A requirement that the offender obtain education or
training;
(12) Provided the court obtains the prior approval of the
victim, a requirement that the offender participate in
victim-offender mediation;
(13) If authorized by law, suspension of the offender's
privilege to operate a motor vehicle, immobilization or forfeiture
of the offender's motor vehicle, a requirement that the offender
obtain a valid motor vehicle operator's license, or any other
related sanction;
(14) A requirement that the offender obtain counseling if the
offense is a violation of section 2919.25 or a violation of
section 2903.13 of the Revised Code involving a person who was a
family or household member at the time of the violation, if the
offender committed the offense in the vicinity of one or more
children who are not victims of the offense, and if the offender
or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children. This
division does not limit the court in requiring that the offender
obtain counseling for any offense or in any circumstance not
specified in this division.
(B) If the court imposes a term of community service pursuant
to division (A)(3) of this section, the offender may request that
the court modify the sentence to authorize the offender to make a
reasonable contribution, as determined by the court, to the
general fund of the county, municipality, or other local entity
that provides funding to the court. The court may grant the
request if the offender demonstrates a change in circumstances
from the date the court imposes the sentence or that the
modification would otherwise be in the interests of justice. If
the court grants the request, the offender shall make a reasonable
contribution to the court, and the clerk of the court shall
deposit that contribution into the general fund of the county,
municipality, or other local entity that provides funding to the
court. If more than one entity provides funding to the court, the
clerk shall deposit a percentage of the reasonable contribution
equal to the percentage of funding the entity provides to the
court in that entity's general fund.
(C) In addition to the sanctions authorized under division
(A) of this section, the court imposing a sentence for a
misdemeanor, other than a minor misdemeanor, upon an offender who
is not required to serve a mandatory jail term may impose any
other sanction that is intended to discourage the offender or
other persons from committing a similar offense if the sanction is
reasonably related to the overriding purposes and principles of
misdemeanor sentencing.
(C)(D) The court imposing a sentence for a minor misdemeanor
may impose a term of community service in lieu of all or part of a
fine. The term of community service imposed for a minor
misdemeanor shall not exceed thirty hours. After imposing a term
of community service, the court may modify the sentence to
authorize a reasonable contribution, as determined by the court,
to the appropriate general fund as provided in division (B) of
this section.
Sec. 2929.28. (A) In addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court
imposing a sentence upon an offender for a misdemeanor, including
a minor misdemeanor, may sentence the offender to any financial
sanction or combination of financial sanctions authorized under
this section. If the court in its discretion imposes one or more
financial sanctions, the financial sanctions that may be imposed
pursuant to this section include, but are not limited to, the
following:
(1) Unless the misdemeanor offense is a minor misdemeanor or
could be disposed of by the traffic violations bureau serving the
court under Traffic Rule 13, restitution by the offender to the
victim of the offender's crime or any survivor of the victim, in
an amount based on the victim's economic loss. The court may not
impose restitution as a sanction pursuant to this division if the
offense is a minor misdemeanor or could be disposed of by the
traffic violations bureau serving the court under Traffic Rule 13.
If the court requires restitution, the court shall order that the
restitution be made to the victim in open court or to the adult
probation department that serves the jurisdiction or the clerk of
the court on behalf of the victim.
If the court imposes restitution, the court shall determine
the amount of restitution to be paid by the offender. If the court
imposes restitution, the court may base the amount of restitution
it orders on an amount recommended by the victim, the offender, a
presentence investigation report, estimates or receipts indicating
the cost of repairing or replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold an evidentiary hearing on
restitution if the offender, victim, or survivor disputes the
amount of restitution. If the court holds an evidentiary hearing,
at the hearing the victim or survivor has the burden to prove by a
preponderance of the evidence the amount of restitution sought
from the offender.
All restitution payments shall be credited against any
recovery of economic loss in a civil action brought by the victim
or any survivor of the victim against the offender. No person may
introduce evidence of an award of restitution under this section
in a civil action for purposes of imposing liability against an
insurer under section 3937.18 of the Revised Code.
If the court imposes restitution, the court may order that
the offender pay a surcharge, of not more than five per cent of
the amount of the restitution otherwise ordered, to the entity
responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) A fine of the type described in divisions (A)(2)(a) and
(b) of this section payable to the appropriate entity as required
by law:
(a) A fine in the following amount:
(i) For a misdemeanor of the first degree, not more than one
thousand dollars;
(ii) For a misdemeanor of the second degree, not more than
seven hundred fifty dollars;
(iii) For a misdemeanor of the third degree, not more than
five hundred dollars;
(iv) For a misdemeanor of the fourth degree, not more than
two hundred fifty dollars;
(v) For a minor misdemeanor, not more than one hundred fifty
dollars.
(b) A state fine or cost as defined in section 2949.111 of
the Revised Code.
(3)(a) Reimbursement by the offender of any or all of the
costs of sanctions incurred by the government, including, but not
limited to, the following:
(i) All or part of the costs of implementing any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement in a jail or
other residential facility, including, but not limited to, a per
diem fee for room and board, the costs of medical and dental
treatment, and the costs of repairing property damaged by the
offender while confined;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) The amount of reimbursement ordered under division
(A)(3)(a) of this section shall not exceed the total amount of
reimbursement the offender is able to pay and shall not exceed the
actual cost of the sanctions. The court may collect any amount of
reimbursement the offender is required to pay under that division.
If the court does not order reimbursement under that division,
confinement costs may be assessed pursuant to a repayment policy
adopted under section 2929.37 of the Revised Code. In addition,
the offender may be required to pay the fees specified in section
2929.38 of the Revised Code in accordance with that section.
(B) If the court determines a hearing is necessary, the court
may hold a hearing to determine whether the offender is able to
pay the financial sanction imposed pursuant to this section or
court costs or is likely in the future to be able to pay the
sanction or costs.
If the court determines that the offender is indigent and
unable to pay the financial sanction or court costs, the court
shall consider imposing and may impose a term of community service
under division (A) of section 2929.27 of the Revised Code in lieu
of imposing a financial sanction or court costs. If the court does
not determine that the offender is indigent, the court may impose
a term of community service under division (A) of section 2929.27
of the Revised Code in lieu of or in addition to imposing a
financial sanction under this section and in addition to imposing
court costs. The court may order community service for a minor
misdemeanor pursuant to division (C)(D) of section 2929.27 of the
Revised Code in lieu of or in addition to imposing a financial
sanction under this section and in addition to imposing court
costs. If a person fails to pay a financial sanction or court
costs, the court may order community service in lieu of the
financial sanction or court costs.
(C)(1) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a county pursuant to any sanction imposed under
this section or section 2929.26 or 2929.27 of the Revised Code or
in operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.26 of the Revised Code to the
county treasurer. The county treasurer shall deposit the
reimbursements in the county's general fund. The county shall use
the amounts deposited in the fund to pay the costs incurred by the
county pursuant to any sanction imposed under this section or
section 2929.26 or 2929.27 of the Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under section 2929.26 of the Revised Code.
(2) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.26 or 2929.27 of the
Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.26 of the
Revised Code to the treasurer of the municipal corporation. The
treasurer shall deposit the reimbursements in the municipal
corporation's general fund. The municipal corporation shall use
the amounts deposited in the fund to pay the costs incurred by the
municipal corporation pursuant to any sanction imposed under this
section or section 2929.26 or 2929.27 of the Revised Code or in
operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.26 of the Revised Code.
(3) The offender shall pay reimbursements imposed pursuant to
division (A)(3) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section 2929.26 or 2929.27 of the Revised Code to the provider.
(D) Except as otherwise provided in this division, a
financial sanction imposed under division (A) of this section is a
judgment in favor of the state or the political subdivision that
operates the court that imposed the financial sanction, and the
offender subject to the financial sanction is the judgment debtor.
A financial sanction of reimbursement imposed pursuant to division
(A)(3)(a)(i) of this section upon an offender is a judgment in
favor of the entity administering the community control sanction,
and the offender subject to the financial sanction is the judgment
debtor. A financial sanction of reimbursement imposed pursuant to
division (A)(3)(a)(ii) of this section upon an offender confined
in a jail or other residential facility is a judgment in favor of
the entity operating the jail or other residential facility, and
the offender subject to the financial sanction is the judgment
debtor. A financial sanction of restitution imposed pursuant to
division (A)(1) of this section is an order in favor of the victim
of the offender's criminal act that can be collected through
a
certificate of judgment as described in division (D)(1) of this
section, through execution as described in division (D)(1)(2) of
this section, or through an order as described in division
(D)(2)(3) of this section, and the offender shall be considered
for purposes of the collection as the judgment debtor.
Once the financial sanction is imposed as a judgment or order
under this division, the victim, private provider, state, or
political subdivision may
bring an action to do any of the
following:
(1) Obtain from the clerk of the court in which the judgment
was entered a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;
(2) Obtain execution of the judgment or order through any
available procedure, including any of the procedures identified in
divisions (D)(1)(a) to (e) and (2) of section 2929.18 of the
Revised Code.
(2)(3) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised Code.
(E) The civil remedies authorized under division (D) of this
section for the collection of the financial sanction supplement,
but do not preclude, enforcement of the criminal sentence.
(F) Each court imposing a financial sanction upon an offender
under this section may designate the clerk of the court or another
person to collect the financial sanction. The clerk, or another
person authorized by law or the court to collect the financial
sanction may do the following:
(1) Enter into contracts with one or more public agencies or
private vendors for the collection of amounts due under the
sanction. Before entering into a contract for the collection of
amounts due from an offender pursuant to any financial sanction
imposed pursuant to this section, a court shall comply with
sections 307.86 to 307.92 of the Revised Code.
(2) Permit payment of all or any portion of the sanction in
installments, by financial transaction device if the court is a
county court or a municipal court operated by a county, by credit
or debit card or by another electronic transfer if the court is a
municipal court not operated by a county, or by any other
reasonable method, in any time, and on any terms that court
considers just, except that the maximum time permitted for payment
shall not exceed five years. If the court is a county court or a
municipal court operated by a county, the acceptance of payments
by any financial transaction device shall be governed by the
policy adopted by the board of county commissioners of the county
pursuant to section 301.28 of the Revised Code. If the court is a
municipal court not operated by a county, the clerk may pay any
fee associated with processing an electronic transfer out of
public money or may charge the fee to the offender.
(3) To defray administrative costs, charge a reasonable fee
to an offender who elects a payment plan rather than a lump sum
payment of any financial sanction.
(G) No financial sanction imposed under this section shall
preclude a victim from bringing a civil action against the
offender.
Sec. 2951.02. (A) During the period of a misdemeanor
offender's community control sanction or during the period of a
felony offender's nonresidential sanction, authorized probation
officers who are engaged within the scope of their supervisory
duties or responsibilities may search, with or without a warrant,
the person of the offender, the place of residence of the
offender, and a motor vehicle, another item of tangible or
intangible personal property, or other real property in which the
offender has a right, title, or interest or for which the offender
has the express or implied permission of a person with a right,
title, or interest to use, occupy, or possess if the probation
officers have reasonable grounds to believe that the offender is
not abiding by the law or otherwise is not complying with the
conditions of the misdemeanor offender's community control
sanction or the conditions of the felony offender's nonresidential
sanction. If a felony offender who is sentenced to a
nonresidential sanction is under the general control and
supervision of the adult parole authority, as described in
division (A)(2)(a) of section 2929.15 of the Revised Code, adult
parole authority field officers with supervisory responsibilities
over the felony offender shall have the same search authority
relative to the felony offender during the period of the sanction
that is described under this division for probation officers. The
court that places the misdemeanor offender under a community
control sanction pursuant to section 2929.25 of the Revised Code
or that sentences the felony offender to a nonresidential sanction
pursuant to section 2929.17 of the Revised Code shall provide the
offender with a written notice that informs the offender that
authorized probation officers or adult parole authority field
officers with supervisory responsibilities over the offender who
are engaged within the scope of their supervisory duties or
responsibilities may conduct those types of searches during the
period of community control sanction or the nonresidential
sanction if they have reasonable grounds to believe that the
offender is not abiding by the law or otherwise is not complying
with the conditions of the offender's community control sanction
or nonresidential sanction.
(B) If an offender is convicted of or pleads guilty to a
misdemeanor, the court may require the offender, as a condition of
the offender's sentence of a community control sanction, to
perform supervised community service work in accordance with this
division. If an offender is convicted of or pleads guilty to a
felony, the court, pursuant to sections 2929.15 and 2929.17 of the
Revised Code, may impose a sanction that requires the offender to
perform supervised community service work in accordance with this
division. The supervised community service work shall be under the
authority of health districts, park districts, counties, municipal
corporations, townships, other political subdivisions of the
state, or agencies of the state or any of its political
subdivisions, or under the authority of charitable organizations
that render services to the community or its citizens, in
accordance with this division. The court may require an offender
who is ordered to perform the work to pay to it a reasonable fee
to cover the costs of the offender's participation in the work,
including, but not limited to, the costs of procuring a policy or
policies of liability insurance to cover the period during which
the offender will perform the work.
A court may permit any offender convicted of a felony or a
misdemeanor to satisfy the payment of a fine imposed for the
offense pursuant to section 2929.18 or 2929.28 of the Revised Code
by performing supervised community service work as described in
this division if the offender requests an opportunity to satisfy
the payment by this means and if the court determines that the
offender is financially unable to pay the fine.
After imposing a term of community service, the court may
modify the sentence to authorize a reasonable contribution to the
appropriate general fund as provided in division (B) of section
2929.27 of the Revised Code.
The supervised community service work that may be imposed
under this division shall be subject to the following limitations:
(1) The court shall fix the period of the work and, if
necessary, shall distribute it over weekends or over other
appropriate times that will allow the offender to continue at the
offender's occupation or to care for the offender's family. The
period of the work as fixed by the court shall not exceed in the
aggregate the number of hours of community service imposed by the
court pursuant to section 2929.17 or 2929.27 of the Revised Code.
(2) An agency, political subdivision, or charitable
organization must agree to accept the offender for the work before
the court requires the offender to perform the work for the
entity. A court shall not require an offender to perform
supervised community service work for an agency, political
subdivision, or charitable organization at a location that is an
unreasonable distance from the offender's residence or domicile,
unless the offender is provided with transportation to the
location where the work is to be performed.
(3) A court may enter into an agreement with a county
department of job and family services for the management,
placement, and supervision of offenders eligible for community
service work in work activities, developmental activities, and
alternative work activities under sections 5107.40 to 5107.69 of
the Revised Code. If a court and a county department of job and
family services have entered into an agreement of that nature, the
clerk of that court is authorized to pay directly to the county
department all or a portion of the fees collected by the court
pursuant to this division in accordance with the terms of its
agreement.
(4) Community service work that a court requires under this
division shall be supervised by an official of the agency,
political subdivision, or charitable organization for which the
work is performed or by a person designated by the agency,
political subdivision, or charitable organization. The official or
designated person shall be qualified for the supervision by
education, training, or experience, and periodically shall report,
in writing, to the court and to the offender's probation officer
concerning the conduct of the offender in performing the work.
(5) The total of any period of supervised community service
work imposed on an offender under division (B) of this section
plus the period of all other sanctions imposed pursuant to
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised
Code for a felony, or pursuant to sections 2929.25, 2929.26,
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall
not exceed five years.
(C)(1) If an offender is convicted of a violation of section
4511.19 of the Revised Code, a municipal ordinance relating to
operating a vehicle while under the influence of alcohol, a drug
of abuse, or a combination of them, or a municipal ordinance
relating to operating a vehicle with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine, the court may require, as a condition of a community
control sanction, any suspension of a driver's or commercial
driver's license or permit or nonresident operating privilege, and
all other penalties provided by law or by ordinance, that the
offender operate only a motor vehicle equipped with an ignition
interlock device that is certified pursuant to section 4510.43 of
the Revised Code.
(2) If a court requires an offender, as a condition of a
community control sanction pursuant to division (C)(1) of this
section, to operate only a motor vehicle equipped with an ignition
interlock device that is certified pursuant to section 4510.43 of
the Revised Code, the offender immediately shall surrender the
offender's driver's or commercial driver's license or permit to
the court. Upon the receipt of the offender's license or permit,
the court shall issue an order authorizing the offender to operate
a motor vehicle equipped with a certified ignition interlock
device, deliver the offender's license or permit to the bureau of
motor vehicles, and include in the abstract of the case forwarded
to the bureau pursuant to section 4510.036 of the Revised Code the
conditions of the community control sanction imposed pursuant to
division (C)(1) of this section. The court shall give the offender
a copy of its order, and that copy shall be used by the offender
in lieu of a driver's or commercial driver's license or permit
until the bureau issues a restricted license to the offender.
(3) Upon receipt of an offender's driver's or commercial
driver's license or permit pursuant to division (C)(2) of this
section, the bureau of motor vehicles shall issue a restricted
license to the offender. The restricted license shall be identical
to the surrendered license, except that it shall have printed on
its face a statement that the offender is prohibited from
operating a motor vehicle that is not equipped with an ignition
interlock device that is certified pursuant to section 4510.43 of
the Revised Code. The bureau shall deliver the offender's
surrendered license or permit to the court upon receipt of a court
order requiring it to do so, or reissue the offender's license or
permit under section 4510.52 of the Revised Code if the registrar
destroyed the offender's license or permit under that section. The
offender shall surrender the restricted license to the court upon
receipt of the offender's surrendered license or permit.
(4) If an offender violates a requirement of the court
imposed under division (C)(1) of this section, the court may
impose a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code. On a second or subsequent violation,
the court may impose a class four suspension of the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code.
Sec. 4507.02. (A)(1) No person shall permit the operation of
a motor vehicle upon any public or private property used by the
public for purposes of vehicular travel or parking knowing the
operator does not have a valid driver's license issued to the
operator by the registrar of motor vehicles under this chapter or
a valid commercial driver's license issued under Chapter 4506. of
the Revised Code. Except as otherwise provided in this division,
whoever violates this division is guilty of an unclassified
misdemeanor. When the offense is an unclassified misdemeanor, the
offender shall be sentenced pursuant to sections 2929.21 to
2929.28 of the Revised Code, except that the offender shall not be
sentenced to a jail term; the offender shall not be sentenced to a
community residential sanction pursuant to section 2929.26 of the
Revised Code; notwithstanding division (A)(2)(a) of section
2929.28 of the Revised Code, the offender may be fined up to one
thousand dollars; and, notwithstanding division (A)(3) of section
2929.27 of the Revised Code, the offender may be ordered pursuant
to division (B)(C) of that section to serve a term of community
service of up to five hundred hours. If The failure of an offender
to complete a term of community service imposed by the court may
be punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
If, within three years of the offense, the offender
previously was has been convicted of or pleaded guilty to two or
more violations of this section or a substantially equivalent
municipal ordinance, the offense is a misdemeanor of the first
degree.
(2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to the
registrar all valid licenses issued to the person by another
jurisdiction recognized by this state. The registrar shall report
the surrender of a license to the issuing authority, together with
information that a license is now issued in this state. The
registrar shall destroy any such license that is not returned to
the issuing authority. No person shall be permitted to have more
than one valid license at any time.
(B)(1) If a person is convicted of a violation of section
4510.11, 4510.14, 4510.16 when division (B)(G)(2) and (3) of that
section applies, or 4510.21 of the Revised Code or if division (F)
of section 4507.164 of the Revised Code applies, the trial judge
of any court, in addition to or independent of any other penalties
provided by law or ordinance, shall may impound the identification
license plates of any motor vehicle registered in the name of the
person. If a person is convicted of a violation of section 4510.16
of the Revised Code and division (B)(2)(G)(1) of that section
applies, the trial judge of any court, in addition to or
independent of any other penalties provided by law or ordinance,
may impound the identification license plates of any motor vehicle
registered in the name of the person. The court shall send the
impounded license plates to the registrar, who may retain the
license plates until the driver's or commercial driver's license
of the owner has been reinstated or destroy them pursuant to
section 4503.232 of the Revised Code.
If the license plates of a person convicted of a violation of
any provision of those sections have been impounded in accordance
with the provisions of this division, the court shall notify the
registrar of that action. The notice shall contain the name and
address of the driver, the serial number of the driver's or
commercial driver's license, the serial numbers of the license
plates of the motor vehicle, and the length of time for which the
license plates have been impounded. The registrar shall record the
data in the notice as part of the driver's permanent record.
(2) Any motor vehicle owner who has had the license plates of
a motor vehicle impounded pursuant to division (B)(1) of this
section may apply to the registrar, or to a deputy registrar, for
restricted license plates that shall conform to the requirements
of section 4503.231 of the Revised Code. The registrar or deputy
registrar forthwith shall notify the court of the application and,
upon approval of the court, shall issue restricted license plates
to the applicant. Until the driver's or commercial driver's
license of the owner is reinstated, any new license plates issued
to the owner also shall conform to the requirements of section
4503.231 of the Revised Code.
The registrar or deputy registrar shall charge the owner of a
vehicle the fees provided in section 4503.19 of the Revised Code
for restricted license plates that are issued in accordance with
this division, except upon renewal as specified in section 4503.10
of the Revised Code, when the regular fee as provided in section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a vehicle the fees
provided in section 4503.19 of the Revised Code whenever
restricted license plates are exchanged, by reason of the
reinstatement of the driver's or commercial driver's license of
the owner, for those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the
time the restricted license plates provided under division (B)(2)
of this section are in use, the owner may apply to the court that
impounded the license plates of the motor vehicle for permission
to transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the restricted license plates provided
under division (B)(2) of this section are in use, the title to a
motor vehicle is transferred by the foreclosure of a chattel
mortgage, a sale upon execution, the cancellation of a conditional
sales contract, or by order of a court, the court shall notify the
registrar of the action and the registrar shall enter notice of
the transfer of the title to the motor vehicle in the vehicle
registration record.
(C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to the
taxation of motor vehicles or the time within which the taxes on
motor vehicles shall be paid.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
pursuant to any provision of the Revised Code other than division
(G) of section 4511.19 of the Revised Code and other than section
4510.07 of the Revised Code for a violation of a municipal OVI
ordinance, the trial judge may impound the identification license
plates of any motor vehicle registered in the name of the person.
(B)(1) When the license of any person is suspended pursuant
to division (G)(1)(a) of section 4511.19 of the Revised Code, or
pursuant to section 4510.07 of the Revised Code for a municipal
OVI offense when the suspension is equivalent in length to the
suspension under division (G) of section 4511.19 of the Revised
Code that is specified in this division, the trial judge of the
court of record or the mayor of the mayor's court that suspended
the license may impound the identification license plates of any
motor vehicle registered in the name of the person.
(2) When the license of any person is suspended pursuant to
division (G)(1)(b) of section 4511.19 of the Revised Code, or
pursuant to section 4510.07 of the Revised Code for a municipal
OVI offense when the suspension is equivalent in length to the
suspension under division (G) of section 4511.19 of the Revised
Code that is specified in this division, the trial judge of the
court of record that suspended the license shall order the
impoundment of the identification license plates of the motor
vehicle the offender was operating at the time of the offense and
the immobilization of that vehicle in accordance with section
4503.233 and division (G)(1)(b) of section 4511.19 or division
(B)(2)(a) of section 4511.193 of the Revised Code and may impound
the identification license plates of any other motor vehicle
registered in the name of the person whose license is suspended.
(3) When the license of any person is suspended pursuant to
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised
Code, or pursuant to section 4510.07 of the Revised Code for a
municipal OVI offense when the suspension is equivalent in length
to the suspension under division (G) of section 4511.19 of the
Revised Code that is specified in this division, the trial judge
of the court of record that suspended the license shall order the
criminal forfeiture to the state of the motor vehicle the offender
was operating at the time of the offense in accordance with
section 4503.234 and division (G)(1)(c), (d), or (e) of section
4511.19 or division (B)(2)(b) of section 4511.193 of the Revised
Code and may impound the identification license plates of any
other motor vehicle registered in the name of the person whose
license is suspended.
(C)(1) When a person is convicted of or pleads guilty to a
violation of section 4510.14 of the Revised Code or a
substantially equivalent municipal ordinance and division (B)(1)
or (2) of section 4510.14 or division (C)(1) or (2) of section
4510.161 of the Revised Code applies, the trial judge of the court
of record or the mayor of the mayor's court that imposes sentence
shall order the immobilization of the vehicle the person was
operating at the time of the offense and the impoundment of its
identification license plates in accordance with section 4503.233
and division (B)(1) or (2) of section 4510.14 or division (C)(1)
or (2) of section 4510.161 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4510.14 of the Revised Code or a
substantially equivalent municipal ordinance and division (B)(3)
of section 4510.14 or division (C)(3) of section 4510.161 of the
Revised Code applies, the trial judge of the court of record that
imposes sentence shall order the criminal forfeiture to the state
of the vehicle the person was operating at the time of the offense
in accordance with section 4503.234 and division (B)(3) of section
4510.14 or division (C)(3) of section 4510.161 of the Revised Code
and may impound the identification license plates of any other
vehicle registered in the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division (A) of section 4510.16 of the Revised Code
or a substantially equivalent municipal ordinance, division
(B)(D)
or (G) of section 4510.16 or division (B) of section 4510.161 of
the Revised Code applies in determining whether the immobilization
of the vehicle the person was operating at the time of the offense
and the impoundment of its identification license plates or the
criminal forfeiture to the state of the vehicle the person was
operating at the time of the offense is authorized or required.
The trial judge of the court of record or the mayor of the mayor's
court that imposes sentence may impound the identification license
plates of any other vehicle registered in the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section 4511.203 of the Revised Code and the person
is sentenced pursuant to division (C)(1)(3)(a) or
(2)(b) of
section 4511.203 of the Revised Code, the trial judge of the court
of record or the mayor of the mayor's court that imposes sentence
shall order the immobilization of the vehicle that was involved in
the commission of the offense and the impoundment of its
identification license plates in accordance with division
(C)(1)(3)(a) or
(2)(b) of section 4511.203 and section 4503.233 of
the Revised Code and may impound the identification license plates
of any other vehicle registered in the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4511.203 of the Revised Code and the person
is sentenced pursuant to division (C)(3)(c) of section 4511.203 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
criminal forfeiture to the state of the vehicle that was involved
in the commission of the offense in accordance with division
(C)(3)(c) of section 4511.203 and section 4503.234 of the Revised
Code and may impound the identification license plates of any
other vehicle registered in the name of that person.
(F) Except as provided in section 4503.233 or 4503.234 of the
Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division (B) of section 4507.02 of the Revised Code is applicable.
(G) As used in this section, "municipal OVI offense" has the
same meaning as in section 4511.181 of the Revised Code.
Sec. 4507.35. (A) The operator of a motor vehicle shall
display the operator's driver's license, or furnish satisfactory
proof that the operator has a driver's license, upon demand of any
peace officer or of any person damaged or injured in any collision
in which the licensee may be involved. When a demand is properly
made and the operator has the operator's driver's license on or
about the operator's person, the operator shall not refuse to
display the license. A person's failure to furnish satisfactory
evidence that the person is licensed under this chapter when the
person does not have the person's license on or about the person's
person shall be prima-facie evidence of the person's not having
obtained a driver's license.
(B)
Whoever (1) Except as provided in division (B)(2) of this
section, whoever violates this section is guilty of an
unclassified misdemeanor. When the offense is an unclassified
misdemeanor, the offender shall be sentenced pursuant to sections
2929.21 to 2929.28 of the Revised Code, except that the offender
shall not be sentenced to a jail term; the offender shall not be
sentenced to a community residential sanction pursuant to section
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of
section 2929.28 of the Revised Code, the offender may be fined up
to one thousand dollars; and, notwithstanding division (A)(3) of
section 2929.27 of the Revised Code, the offender may be ordered
pursuant to division (C) of that section to serve a term of
community service of up to five hundred hours. The failure of an
offender to complete a term of community service imposed by the
court may be punished as indirect criminal contempt under division
(A) of section 2705.02 of the Revised Code that may be filed in
the underlying case.
(2) If, within three years of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of this section or a substantially equivalent municipal
ordinance, the offense is a misdemeanor of the first degree.
Sec. 4510.036. (A) The bureau of motor vehicles shall record
within ten days, after receipt, and shall keep at its main office,
all abstracts received under this section or section 4510.03,
4510.031, 4510.032, or 4510.034 of the Revised Code and shall
maintain records of convictions and bond forfeitures for any
violation of a state law or a municipal ordinance regulating the
operation of vehicles, streetcars, and trackless trolleys on
highways and streets, except a violation related to parking a
motor vehicle.
(B) Every court of record or mayor's court before which a
person is charged with a violation for which points are chargeable
by this section shall assess and transcribe to the abstract of
conviction that is furnished by the bureau to the court the number
of points chargeable by this section in the correct space assigned
on the reporting form. A United States district court that has
jurisdiction within this state and before which a person is
charged with a violation for which points are chargeable by this
section may assess and transcribe to the abstract of conviction
report that is furnished by the bureau the number of points
chargeable by this section in the correct space assigned on the
reporting form. If the federal court so assesses and transcribes
the points chargeable for the offense and furnishes the report to
the bureau, the bureau shall record the points in the same manner
as those assessed and transcribed by a court of record or mayor's
court.
(C) A court shall assess the following points for an offense
based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide,
vehicular manslaughter, aggravated vehicular assault, or vehicular
assault when the offense involves the operation of a vehicle,
streetcar, or trackless trolley on a highway or street ..........
6 points
(2) A violation of section 2921.331 of the Revised Code or
any ordinance prohibiting the willful fleeing or eluding of a law
enforcement officer .......... 6 points
(3) A violation of section 4549.02 or 4549.021 of the Revised
Code or any ordinance requiring the driver of a vehicle to stop
and disclose identity at the scene of an accident .......... 6
points
(4) A violation of section 4511.251 of the Revised Code or
any ordinance prohibiting street racing .......... 6 points
(5) A violation of section 4510.11, 4510.14, 4510.16, or
4510.21 4510.037 of the Revised Code or any ordinance prohibiting
the operation of a motor vehicle while the driver's or commercial
driver's license is under a twelve-point suspension .......... 6
points
(6) A violation of section 4510.14 of the Revised Code, or
any ordinance prohibiting the operation of a motor vehicle upon
the public roads or highways within this state while the driver's
or commercial driver's license of the person is under suspension
and the suspension was imposed under section 4511.19, 4511.191, or
4511.196 of the Revised Code or section 4510.07 of the Revised
Code due to a conviction for a violation of a municipal OVI
ordinance or any ordinance prohibiting the operation of a motor
vehicle while the driver's or commercial driver's license is under
suspension for an OVI offense .......... 6 points
(7) A violation of division (A) of section 4511.19 of the
Revised Code, any ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or a
combination of them, or any ordinance substantially equivalent to
division (A) of section 4511.19 of the Revised Code prohibiting
the operation of a vehicle with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine .......... 6 points
(7)(8) A violation of section 2913.03 of the Revised Code
that does not involve an aircraft or motorboat or any ordinance
prohibiting the operation of a vehicle without the consent of the
owner .......... 6 points
(8)(9) Any offense under the motor vehicle laws of this state
that is a felony, or any other felony in the commission of which a
motor vehicle was used .......... 6 points
(9)(10) A violation of division (B) of section 4511.19 of the
Revised Code or any ordinance substantially equivalent to that
division prohibiting the operation of a vehicle with a prohibited
concentration of alcohol in the whole blood, blood serum or
plasma, breath, or urine .......... 4 points
(10)(11) A violation of section 4511.20 of the Revised Code
or any ordinance prohibiting the operation of a motor vehicle in
willful or wanton disregard of the safety of persons or property
.......... 4 points
(11)(12) A violation of any law or ordinance pertaining to
speed:
(a) Notwithstanding divisions (C)(11)(12)(b) and (c) of this
section, when the speed exceeds the lawful speed limit by thirty
miles per hour or more .......... 4 points
(b) When the speed exceeds the lawful speed limit of
fifty-five miles per hour or more by more than ten miles per hour
.......... 2 points
(c) When the speed exceeds the lawful speed limit of less
than fifty-five miles per hour by more than five miles per hour
.......... 2 points
(d) When the speed does not exceed the amounts set forth in
divisions (C)(11)(12)(a), (b), or (c) of this section .......... 0
points
(12)(13) Operating a motor vehicle in violation of a
restriction imposed by the registrar .......... 2 points
(13) All (14) A violation of section 4510.11, 4510.111,
4510.16, or 4510.21 of the Revised Code or any ordinance
prohibiting the operation of a motor vehicle while the driver's or
commercial driver's license is under suspension .......... 2
points
(15) With the exception of violations under section 4510.12
of the Revised Code where no points shall be assessed, all other
moving violations reported under this section .......... 2 points
(D) Upon receiving notification from the proper court,
including a United States district court that has jurisdiction
within this state, the bureau shall delete any points entered for
a bond forfeiture if the driver is acquitted of the offense for
which bond was posted.
(E) If a person is convicted of or forfeits bail for two or
more offenses arising out of the same facts and points are
chargeable for each of the offenses, points shall be charged for
only the conviction or bond forfeiture for which the greater
number of points is chargeable, and, if the number of points
chargeable for each offense is equal, only one offense shall be
recorded, and points shall be charged only for that offense.
Sec. 4510.037. (A) When the registrar of motor vehicles
determines that the total points charged against any person under
section 4510.036 of the Revised Code exceed five, the registrar
shall send a warning letter to the person at the person's last
known address by regular mail. The warning letter shall list the
reported violations that are the basis of the points charged, list
the number of points charged for each violation, and outline the
suspension provisions of this section.
(B) When the registrar determines that the total points
charged against any person under section 4510.036 of the Revised
Code within any two-year period beginning on the date of the first
conviction within the two-year period is equal to twelve or more,
the registrar shall send a written notice to the person at the
person's last known address by regular mail. The notice shall list
the reported violations that are the basis of the points charged,
list the number of points charged for each violation, and state
that, because the total number of points charged against the
person within the applicable two-year period is equal to twelve or
more, the registrar is imposing a class D suspension of the
person's driver's or commercial driver's license or permit or
nonresident operating privileges for the period of time specified
in division (B)(4) of section 4510.02 of the Revised Code. The
notice also shall state that the suspension is effective on the
twentieth day after the mailing of the notice, unless the person
files a petition appealing the determination and suspension in the
municipal court, county court, or, if the person is under the age
of eighteen, the juvenile division of the court of common pleas in
whose jurisdiction the person resides or, if the person is not a
resident of this state, in the Franklin county municipal court or
juvenile division of the Franklin county court of common pleas. By
filing the appeal of the determination and suspension, the person
agrees to pay the cost of the proceedings in the appeal of the
determination and suspension and alleges that the person can show
cause why the person's driver's or commercial driver's license or
permit or nonresident operating privileges should not be
suspended.
(C)(1) Any person against whom at least two but less than
twelve points have been charged under section 4510.036 of the
Revised Code may enroll in a course of remedial driving
instruction that is approved by the director of public safety.
Upon the person's completion of an approved course of remedial
driving instruction, the person may apply to the registrar on a
form prescribed by the registrar for a credit of two points on the
person's driving record. Upon receipt of the application and proof
of completion of the approved remedial driving course, the
registrar shall approve the two-point credit. The registrar shall
not approve any credits for a person who completes an approved
course of remedial driving instruction pursuant to a judge's order
under section 4510.02 of the Revised Code.
(2) In any three-year period, the registrar shall approve
only one two-point credit on a person's driving record under
division (C)(1) of this section. The registrar shall approve not
more than five two-point credits on a person's driving record
under division (C)(1) of this section during that person's
lifetime.
(D) When a judge of a court of record suspends a person's
driver's or commercial driver's license or permit or nonresident
operating privilege and charges points against the person under
section 4510.036 of the Revised Code for the offense that resulted
in the suspension, the registrar shall credit that period of
suspension against the time of any subsequent suspension imposed
under this section for which those points were used to impose the
subsequent suspension. When a United States district court that
has jurisdiction within this state suspends a person's driver's or
commercial driver's license or permit or nonresident operating
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.
4381 (1988), 18 U.S.C.A. 13, as amended, the district court
prepares an abstract pursuant to section 4510.031 of the Revised
Code, and the district court charges points against the person
under section 4510.036 of the Revised Code for the offense that
resulted in the suspension, the registrar shall credit the period
of suspension imposed by the district court against the time of
any subsequent suspension imposed under this section for which the
points were used to impose the subsequent suspension.
(E) The registrar, upon the written request of a licensee who
files a petition under division (B) of this section, shall furnish
the licensee a certified copy of the registrar's record of the
convictions and bond forfeitures of the person. This record shall
include the name, address, and date of birth of the licensee; the
name of the court in which each conviction or bail forfeiture took
place; the nature of the offense that was the basis of the
conviction or bond forfeiture; and any other information that the
registrar considers necessary. If the record indicates that twelve
points or more have been charged against the person within a
two-year period, it is prima-facie evidence that the person is a
repeat traffic offender, and the registrar shall suspend the
person's driver's or commercial driver's license or permit or
nonresident operating privilege pursuant to division (B) of this
section.
In hearing the petition and determining whether the person
filing the petition has shown cause why the person's driver's or
commercial driver's license or permit or nonresident operating
privilege should not be suspended, the court shall decide the
issue on the record certified by the registrar and any additional
relevant, competent, and material evidence that either the
registrar or the person whose license is sought to be suspended
submits.
(F) If a petition is filed under division (B) of this section
in a county court, the prosecuting attorney of the county in which
the case is pending shall represent the registrar in the
proceedings, except that, if the petitioner resides in a municipal
corporation within the jurisdiction of the county court, the city
director of law, village solicitor, or other chief legal officer
of the municipal corporation shall represent the registrar in the
proceedings. If a petition is filed under division (B) of this
section in a municipal court, the registrar shall be represented
in the resulting proceedings as provided in section 1901.34 of the
Revised Code.
(G) If the court determines from the evidence submitted that
a person who filed a petition under division (B) of this section
has failed to show cause why the person's driver's or commercial
driver's license or permit or nonresident operating privileges
should not be suspended, the court shall assess against the person
the cost of the proceedings in the appeal of the determination and
suspension and shall impose the applicable suspension under this
section or suspend all or a portion of the suspension and impose
any conditions upon the person that the court considers proper or
impose upon the person a community control sanction pursuant to
section 2929.15 or 2929.25 of the Revised Code. If the court
determines from the evidence submitted that a person who filed a
petition under division (B) of this section has shown cause why
the person's driver's or commercial driver's license or permit or
nonresident operating privileges should not be suspended, the
costs of the appeal proceeding shall be paid out of the county
treasury of the county in which the proceedings were held.
(H) Any person whose driver's or commercial driver's license
or permit or nonresident operating privileges are suspended under
this section is not entitled to apply for or receive a new
driver's or commercial driver's license or permit or to request or
be granted nonresident operating privileges during the effective
period of the suspension.
(I) Upon the termination of any suspension or other penalty
imposed under this section involving the surrender of license or
permit and upon the request of the person whose license or permit
was suspended or surrendered, the registrar shall return the
license or permit to the person upon determining that the person
has complied with all provisions of section 4510.038 of the
Revised Code or, if the registrar destroyed the license or permit
pursuant to section 4510.52 of the Revised Code, shall reissue the
person's license or permit.
(J) Any person whose driver's or commercial driver's license
or permit or nonresident operating privileges are suspended as a
repeat traffic offender under this section and who, during the
suspension, operates any motor vehicle upon any public roads and
highways is guilty of driving under a twelve-point suspension, a
misdemeanor of the first degree, and the. The court shall sentence
the offender to a minimum term of three days in jail. No court
shall suspend the first three days of jail time imposed pursuant
to this division.
(K) The registrar, in accordance with specific statutory
authority, may suspend the privilege of driving a motor vehicle on
the public roads and highways of this state that is granted to
nonresidents by section 4507.04 of the Revised Code.
(L) Any course of remedial driving instruction the director
of public safety approves under this section shall require its
students to attend at least fifty per cent of the course in
person. The director shall not approve any course of remedial
driving instruction that permits its students to take more than
fifty per cent of the course in any other manner, including via
video teleconferencing or the internet.
Sec. 4510.11. (A) No Except as provided in division (B) of
this section, no person whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended under any provision of the Revised Code, other than
Chapter 4509. of the Revised Code, or under any applicable law in
any other jurisdiction in which the person's license or permit was
issued shall operate any motor vehicle upon the public roads and
highways or upon any public or private property used by the public
for purposes of vehicular travel or parking within this state
during the period of suspension unless the person is granted
limited driving privileges and is operating the vehicle in
accordance with the terms of the limited driving privileges.
(B) No person shall operate any motor vehicle upon a highway
or any public or private property used by the public for purposes
of vehicular travel or parking in this state in violation of any
restriction of the person's driver's or commercial driver's
license or permit imposed under division (D) of section 4506.10 or
under section 4507.14 of the Revised Code.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
suspension at the time of the alleged violation of division (A) of
this section or the person operated a motor vehicle in violation
of a restriction at the time of the alleged violation of division
(B) of this section. The person charged with a violation of
division (A) or (B) of this section may offer evidence to rebut
this prima-facie evidence.
(D)(1)(a) Except as provided in division (C)(1)(b) of this
section, whoever Whoever violates division (A) or (B) of this
section is guilty of driving under suspension, a misdemeanor of
the first degree. The court shall may impose upon the offender a
class seven suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code.
(b) If the offender's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
under section 3123.58 or 4510.22 of the Revised Code, except as
otherwise provided in this division, a violation of division (A)
of this section is an unclassified misdemeanor. When the offense
is an unclassified misdemeanor, the offender shall be sentenced
pursuant to sections 2929.21 to 2929.28 of the Revised Code,
except that the offender shall not be sentenced to a jail term;
the offender shall not be sentenced to a community residential
sanction pursuant to section 2929.26 of the Revised Code;
notwithstanding division (A)(2)(a) of section 2929.28 of the
Revised Code, the offender may be fined up to one thousand
dollars; and, notwithstanding division (A)(3) of section 2929.27
of the Revised Code, the offender may be ordered pursuant to
division (B) of that section to serve a term of community service
of up to five hundred hours. If, within three years of the
offense, the offender previously was convicted of or pleaded
guilty to two or more violations of this section or a
substantially equivalent municipal ordinance, the offense is a
misdemeanor of the first degree.
(2) Whoever violates division (B) of this section is guilty
of driving in violation of a license restriction, a misdemeanor of
the first degree.
(3)(a) Except as provided in division (C)(4)(D)(2)(b) or
(5)(c) of this section, the court, in addition to any other
penalty that it imposes on the offender and if the vehicle is
registered in the offender's name and if, within three years of
the offense, the offender previously has been convicted of or
pleaded guilty to one violation of this section or section
4510.111 or 4510.16 of the Revised Code, or a substantially
equivalent municipal ordinance, the court, in addition to or
independent of any other sentence that it imposes upon the
offender, shall may order the immobilization of the vehicle
involved in the offense for thirty days and the impoundment of
that vehicle's license plates for thirty days in accordance with
section 4503.233 of the Revised Code and the impoundment of that
vehicle's license plates for thirty days.
(4)(b) If the vehicle is registered in the offender's name
and if, within three years of the offense, the offender previously
has been convicted of or pleaded guilty to one violation two
violations of this section, or any combination of two violations
of this section or section 4510.111 or 4510.16 of the Revised
Code, or of a substantially similar municipal ordinance, the
court, in addition to any other sentence that it imposes on the
offender and if the vehicle is registered in the offender's name,
shall may order the immobilization of the vehicle involved in the
offense for sixty days and the impoundment of that vehicle's
license plates for sixty days in accordance with section 4503.233
of the Revised Code and the impoundment of that vehicle's license
plates for sixty days.
(5)(c) If the vehicle is registered in the offender's name
and if, within three years of the offense, the offender previously
has been convicted of or pleaded guilty to two three or more
violations of this section, or any combination of three or more
violations of this section or section 4510.111 or 4510.16 of the
Revised Code, or of a substantially similar municipal ordinance,
the court, in addition to any other sentence that it imposes on
the offender and if the vehicle is registered in the offender's
name, shall may order the criminal forfeiture of the vehicle
involved in the offense to the state.
(D)(E) Any order for immobilization and impoundment under
this section shall be issued and enforced under section sections
4503.233 and 4507.02 of the Revised Code, as applicable. The court
shall not release a vehicle from immobilization ordered under this
section unless the court is presented with current proof of
financial responsibility with respect to that vehicle.
(E)(F) Any order of criminal forfeiture under this section
shall be issued and enforced under section 4503.234 of the Revised
Code. Upon receipt of the copy of the order from the court,
neither the registrar of motor vehicles nor a deputy registrar
shall accept any application for the registration or transfer of
registration of any motor vehicle owned or leased by the person
named in the declaration of forfeiture. The period of registration
denial shall be five years after the date of the order, unless,
during that period, the court having jurisdiction of the offense
that led to the order terminates the forfeiture and notifies the
registrar of the termination. The registrar then shall take
necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer registration of the
vehicle.
(G) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then, in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense for which the offender is sentenced under
this section.
Sec. 4510.111. (A) No person shall operate any motor vehicle
upon a highway or any public or private property used by the
public for purposes of vehicular travel or parking in this state
whose driver's or commercial driver's license has been suspended
pursuant to section 4510.22 of the Revised Code for failing to
appear in court or to pay a fine, resulting in license forfeiture.
(B) No person shall operate any motor vehicle upon a highway
or any public or private property used by the public for purposes
of vehicular travel or parking in this state whose driver's or
commercial driver's license has been suspended pursuant to section
3123.58 of the Revised Code for being in default in payment of
child support.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
suspension at the time of the alleged violation of division (A) or
(B) of this section. The person charged with a violation of
division (A) or (B) of this section may offer evidence to rebut
this prima-facie evidence.
(D) Whoever violates division (A) or (B) of this section is
guilty of driving under suspension and shall be punished as
provided in division (D) of this section.
(1) Except as otherwise provided in division (D)(2) of this
section, the offense is an unclassified misdemeanor. The offender
shall be sentenced pursuant to sections 2929.21 to 2929.28 of the
Revised Code, except that the offender shall not be sentenced to a
jail term; the offender shall not be sentenced to a community
residential sanction pursuant to section 2929.26 of the Revised
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the
Revised Code, the offender may be fined up to one thousand
dollars; and, notwithstanding division (A)(3) of section 2929.27
of the Revised Code, the offender may be ordered pursuant to
division (C) of that section to serve a term of community service
of up to five hundred hours. The failure of an offender to
complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
(2) If, within three years of the offense, the offender
previously was convicted of or pleaded guilty to two or more
violations of division (A) or (B) of this section, or any
combination of two or more violations of division (A) or (B) of
this section or section 4510.11 or 4510.16 of the Revised Code, or
a substantially equivalent municipal ordinance, the offense is a
misdemeanor of the first degree. The offender shall provide the
court with proof of financial responsibility as defined in section
4509.01 of the Revised Code. If the offender fails to provide that
proof of financial responsibility, then, in addition to any
penalties provided by law, the court may order restitution
pursuant to section 2929.28 of the Revised Code in an amount not
exceeding five thousand dollars for any economic loss arising from
an accident or collision that was the direct and proximate result
of the offender's operation of the vehicle before, during, or
after committing the offense for which the offender is sentenced
under this section.
(3) In all cases, the court may impose a class seven
suspension of the offender's driver's or commercial driver's
license or permit or nonresident operating privilege from the
range of time specified in division (A)(7) of section 4507.02 of
the Revised Code.
(4)(a) In all cases, if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to one
violation of division (A) or (B) of this section or section
4510.11 or 4510.16 of the Revised Code, or a substantially
equivalent municipal ordinance, the court, in addition to any
other sentence that it imposes upon the offender, may order the
immobilization of the vehicle involved in the offense for thirty
days and the impoundment of that vehicle's license plates for
thirty days in accordance with section 4503.233 of the Revised
Code.
(b) In all cases, if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to two
violations of division (A) or (B) of this section, or any
combination of two violations of division (A) or (B) of this
section or section 4510.11 or 4510.16 of the Revised Code, or a
substantially equivalent municipal ordinance, the court, in
addition to any other sentence that it imposes upon the offender,
may order the immobilization of the vehicle involved in the
offense for sixty days and the impoundment of that vehicle's
license plates for sixty days in accordance with section 4503.233
of the Revised Code.
(c) In all cases, if the vehicle is registered in the
offender's name and if, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to
three or more violations of this section, or any combination of
three or more violations of this section or section 4510.11 or
4510.16 of the Revised Code, or a substantially equivalent
municipal ordinance, the court, in addition to any other sentence
that it imposes upon the offender, may order the criminal
forfeiture of the vehicle involved in the offense to the state.
(E) An order for immobilization and impoundment under this
section shall be issued and enforced under sections 4503.233 and
4507.02 of the Revised Code, as applicable. The court shall not
release a motor vehicle from immobilization ordered under this
section unless the court is presented with current proof of
financial responsibility with respect to that motor vehicle.
(F) An order for criminal forfeiture under this section shall
be issued and enforced under section 4503.234 of the Revised Code.
Upon receipt of a copy of the order from the court, neither the
registrar of motor vehicles nor a deputy registrar shall accept
any application for the registration or transfer of registration
of any motor vehicle owned or leased by the person named in the
declaration of forfeiture. The period of registration denial shall
be five years after the date of the order unless, during that
period, the court having jurisdiction of the offense that led to
the order terminates the forfeiture and notifies the registrar of
the termination. The registrar then shall take the necessary
measures to permit the person to register a vehicle owned or
leased by the person or to transfer registration of the vehicle.
Sec. 4510.12. (A)(1) No person, except those expressly
exempted under sections 4507.03, 4507.04, and 4507.05 of the
Revised Code, shall operate any motor vehicle upon a public road
or highway or any public or private property used by the public
for purposes of vehicular travel or parking in this state unless
the person has a valid driver's license issued under Chapter 4507.
of the Revised Code or a commercial driver's license issued under
Chapter 4506. of the Revised Code.
(2) No person, except a person expressly exempted under
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate any motorcycle upon a public road or highway or any public
or private property used by the public for purposes of vehicular
travel or parking in this state unless the person has a valid
license as a motorcycle operator that was issued upon application
by the registrar of motor vehicles under Chapter 4507. of the
Revised Code. The license shall be in the form of an endorsement,
as determined by the registrar, upon a driver's or commercial
driver's license, if the person has a valid license to operate a
motor vehicle or commercial motor vehicle, or in the form of a
restricted license as provided in section 4507.14 of the Revised
Code, if the person does not have a valid license to operate a
motor vehicle or commercial motor vehicle.
(B) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A)(1) or (2) of this section may be admitted into evidence as
prima-facie evidence that the person did not have either a valid
driver's or commercial driver's license at the time of the alleged
violation of division (A)(1) of this section or a valid license as
a motorcycle operator either in the form of an endorsement upon a
driver's or commercial driver's license or a restricted license at
the time of the alleged violation of division (A)(2) of this
section. The person charged with a violation of division (A)(1) or
(2) of this section may offer evidence to rebut this prima-facie
evidence.
(C) Whoever violates this section is guilty of operating a
motor vehicle or motorcycle without a valid license and shall be
punished as follows:
(1) If the trier of fact finds that the offender never has
held a valid driver's or commercial driver's license issued by
this state or any other jurisdiction, or, in a case involving the
operation of a motorcycle by the offender, if the offender has
never held a valid license as a motorcycle operator, either in the
form of an endorsement upon a driver's or commercial driver's
license or in the form of a restricted license, except as
otherwise provided in this division, the offense is an
unclassified misdemeanor. When the offense is an unclassified
misdemeanor, the offender shall be sentenced pursuant to sections
2929.21 to 2929.28 of the Revised Code, except that the offender
shall not be sentenced to a jail term; the offender shall not be
sentenced to a community residential sanction pursuant to section
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of
section 2929.28 of the Revised Code, the offender may be fined up
to one thousand dollars; and, notwithstanding division (A)(3) of
section 2929.27 of the Revised Code, the offender may be ordered
pursuant to division (B)(C) of that section to serve a term of
community service of up to five hundred hours. The failure of an
offender to complete a term of community service imposed by the
court may be punished as indirect criminal contempt under division
(A) of section 2705.02 of the Revised Code that may be filed in
the underlying case. If the offender previously was has been
convicted of or pleaded guilty to any violation of this section or
a substantially equivalent municipal ordinance, the offense is a
misdemeanor of the first degree.
(2) If the offender's driver's or commercial driver's license
or permit or, in a case involving the operation of a motorcycle by
the offender, the offender's driver's or commercial driver's
license bearing the motorcycle endorsement or the offender's
restricted license was expired at the time of the offense, except
as otherwise provided in this division, the offense is a minor
misdemeanor. If, within three years of the offense, the offender
previously was has been convicted of or pleaded guilty to three
two or more violations of this section or a substantially
equivalent municipal ordinance, the offense is a misdemeanor of
the first degree.
(C)(D) The court shall not impose a license suspension for a
first violation of this section or if more than three years have
passed since the offender's last violation of this section or a
substantially equivalent municipal ordinance.
(D)(E) If the offender is sentenced under division (B)(C)(2)
of this section, if within three years of the offense the offender
previously was convicted of or pleaded guilty to one or more
violations of this section or a substantially equivalent municipal
ordinance, and if the offender's license was expired for more than
six months at the time of the offense, the court shall may impose
a class seven suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code.
Sec. 4510.14. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been suspended under section 4511.19, 4511.191, or 4511.196 of the
Revised Code or under section 4510.07 of the Revised Code for a
conviction of a violation of a municipal OVI ordinance shall
operate any motor vehicle upon the public roads or highways within
this state during the period of the suspension.
(B) Whoever violates this section is guilty of driving under
OVI suspension. The court shall sentence the offender under
Chapter 2929. of the Revised Code, subject to the differences
authorized or required by this section.
(1) Except as otherwise provided in division (B)(2) or (3) of
this section, driving under OVI suspension is a misdemeanor of the
first degree. The court shall sentence the offender to all of the
following:
(a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C)
of this section, the court instead imposes a sentence of not less
than thirty consecutive days of house arrest with electronic
monitoring. A period of house arrest with electronic monitoring
imposed under this division shall not exceed six months. If the
court imposes a mandatory three-day jail term under this division,
the court may impose a jail term in addition to that term,
provided that in no case shall the cumulative jail term imposed
for the offense exceed six months.
(b) A fine of not less than two hundred fifty and not more
than one thousand dollars;
(c) A license suspension under division (E) of this section;
(d) If the vehicle the offender was operating at the time of
the offense is registered in the offender's name, immobilization
for thirty days of the offender's vehicle and impoundment for
thirty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised Code.
(2) If, within six years of the offense, the offender
previously has been convicted of or pleaded guilty to one
violation of this section or one equivalent offense, driving under
OVI suspension is a misdemeanor of the first degree. The court
shall sentence the offender to all of the following:
(a) A mandatory jail term of ten consecutive days.
Notwithstanding the jail terms provided in sections 2929.21 to
2929.28 of the Revised Code, the court may sentence the offender
to a longer jail term of not more than one year. The ten-day
mandatory jail term shall be imposed unless, subject to division
(C) of this section, the court instead imposes a sentence of not
less than ninety consecutive days of house arrest with electronic
monitoring. The period of house arrest with electronic monitoring
shall not exceed one year.
(b) Notwithstanding the fines provided for in Chapter 2929.
of the Revised Code, a fine of not less than five hundred and not
more than two thousand five hundred dollars;
(c) A license suspension under division (E) of this section;
(d) If the vehicle the offender was operating at the time of
the offense is registered in the offender's name, immobilization
of the offender's vehicle for sixty days and the impoundment for
sixty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised Code.
(3) If, within six years of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of this section or two or more equivalent offenses,
driving under OVI suspension is a misdemeanor. The court shall
sentence the offender to all of the following:
(a) A mandatory jail term of thirty consecutive days.
Notwithstanding the jail terms provided in sections 2929.21 to
2929.28 of the Revised Code, the court may sentence the offender
to a longer jail term of not more than one year. The court shall
not sentence the offender to a term of house arrest with
electronic monitoring in lieu of the mandatory portion of the jail
term.
(b) Notwithstanding the fines set forth in Chapter 2929. of
the Revised Code, a fine of not less than five hundred and not
more than two thousand five hundred dollars;
(c) A license suspension under division (E) of this section;
(d) If the vehicle the offender was operating at the time of
the offense is registered in the offender's name, criminal
forfeiture to the state of the offender's vehicle. The order of
criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code. If title to a motor
vehicle that is subject to an order for criminal forfeiture under
this division is assigned or transferred and division (B)(2) or
(3) of section 4503.234 of the Revised Code applies, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealer's automobile dealers
association. The proceeds from any fine so imposed shall be
distributed in accordance with division (C)(2) of section 4503.234
of the Revised Code.
(C) No court shall impose an alternative sentence of house
arrest with electronic monitoring under division (B)(1) or (2) of
this section unless, within sixty days of the date of sentencing,
the court issues a written finding on the record that, due to the
unavailability of space at the jail where the offender is required
to serve the jail term imposed, the offender will not be able to
begin serving that term within the sixty-day period following the
date of sentencing.
An offender sentenced under this section to a period of house
arrest with electronic monitoring shall be permitted work release
during that period.
(D) Fifty per cent of any fine imposed by a court under
division (B)(1), (2), or (3) of this section shall be deposited
into the county indigent drivers alcohol treatment fund or
municipal indigent drivers alcohol treatment fund under the
control of that court, as created by the county or municipal
corporation pursuant to division (H) of section 4511.191 of the
Revised Code.
(E) In addition to or independent of all other penalties
provided by law or ordinance, the trial judge of any court of
record or the mayor of a mayor's court shall impose on an offender
who is convicted of or pleads guilty to a violation of this
section a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code.
When permitted as specified in section 4510.021 of the
Revised Code, if the court grants limited driving privileges
during a suspension imposed under this section, the privileges
shall be granted on the additional condition that the offender
must display restricted license plates, issued under section
4503.231 of the Revised Code, on the vehicle driven subject to the
privileges, except as provided in division (B) of that section.
A suspension of a commercial driver's license under this
section shall be concurrent with any period of suspension or
disqualification under section 3123.58 or 4506.16 of the Revised
Code. No person who is disqualified for life from holding a
commercial driver's license under section 4506.16 of the Revised
Code shall be issued a driver's license under Chapter 4507. of the
Revised Code during the period for which the commercial driver's
license was suspended under this section, and no person whose
commercial driver's license is suspended under this section shall
be issued a driver's license under Chapter 4507. of the Revised
Code during the period of the suspension.
(F) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then, in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense that is a misdemeanor of the first degree
under this section for which the offender is sentenced.
(G) As used in this section:
(1) "Electronic monitoring" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Equivalent offense" means any of the following:
(a) A violation of a municipal ordinance, law of another
state, or law of the United States that is substantially
equivalent to division (A) of this section;
(b) A violation of a former law of this state that was
substantially equivalent to division (A) of this section.
(3) "Jail" has the same meaning as in section 2929.01 of the
Revised Code.
(4) "Mandatory jail term" means the mandatory term in jail of
three, ten, or thirty consecutive days that must be imposed under
division (B)(1), (2), or (3) of this section upon an offender
convicted of a violation of division (A) of this section and in
relation to which all of the following apply:
(a) Except as specifically authorized under this section, the
term must be served in a jail.
(b) Except as specifically authorized under this section, the
term cannot be suspended, reduced, or otherwise modified pursuant
to any provision of the Revised Code.
Sec. 4510.16. (A) No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating privilege has been suspended or canceled pursuant to
Chapter 4509. of the Revised Code, shall operate any motor vehicle
within this state, or knowingly permit any motor vehicle owned by
the person to be operated by another person in the state, during
the period of the suspension or cancellation, except as
specifically authorized by Chapter 4509. of the Revised Code. No
person shall operate a motor vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state, during the period in
which the person is required by section 4509.45 of the Revised
Code to file and maintain proof of financial responsibility for a
violation of section 4509.101 of the Revised Code, unless proof of
financial responsibility is maintained with respect to that
vehicle.
(B)(1) No person shall operate any motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking in this state if the
person's driver's or commercial driver's license or temporary
instruction permit or nonresident operating privilege has been
suspended pursuant to section 4509.37 or 4509.40 of the Revised
Code for nonpayment of a judgment.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
either a financial responsibility law suspension at the time of
the alleged violation of division (A) of this section or a
nonpayment of judgment suspension at the time of the alleged
violation of division (B) of this section. The person charged with
a violation of division (A) or (B) of this section may offer
evidence to rebut this prima-facie evidence.
(D) Whoever violates division (A) of this section is guilty
of driving under financial responsibility law suspension or
cancellation and shall be punished as provided in divisions (D) to
(I) of this section. Whoever violates division (B) of this section
is guilty of driving under a nonpayment of judgment suspension and
shall be punished as provided in divisions (D) to (I) of this
section.
Except
(1) Except as otherwise provided in this division (D)(2) of
this section, the offense is an unclassified misdemeanor. When the
offense is an unclassified misdemeanor, the offender shall be
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised
Code, except that the offender shall not be sentenced to a jail
term; the offender shall not be sentenced to a community
residential sanction pursuant to section 2929.26 of the Revised
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the
Revised Code, the offender may be fined up to one thousand
dollars; and, notwithstanding division (A)(3) of section 2929.27
of the Revised Code, the offender may be ordered pursuant to
division (B)(C) of that section to serve a term of community
service of up to five hundred hours. If The failure of an offender
to complete a term of community service imposed by the court may
be punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
(2) If, within three years of the offense, the offender
previously was convicted of or pleaded guilty to two or more
violations of this section, or any combination of two violations
of this section or section 4510.11 or 4510.111 of the Revised
Code, or a substantially equivalent municipal ordinance, the
offense is a misdemeanor of the first degree. The
(E) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then, in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense for which the offender is sentenced under
this section.
(F) The court shall may impose a class seven suspension of
the offender's driver's or commercial driver's license or permit
or nonresident operating privilege for from the
period range of
time specified in division (A)(7) of section 4510.02 of the
Revised Code.
(2)(G)(1) If the vehicle is registered in the offender's name
and
division (B)(3) of this section does not apply if, within
three years of the offense, the offender previously has been
convicted of or pleaded guilty to one violation of division (A) or
(B) of this section or section 4510.11 or 4510.111 of the Revised
Code or a substantially equivalent municipal ordinance, the court,
in addition to or independent of any other sentence that it
imposes upon the offender, may order the immobilization for no
more than thirty days of the vehicle involved in the offense and
the impoundment for no more than thirty days of the license plates
of that vehicle in accordance with section 4503.233 of the Revised
Code.
(3)(2) If the vehicle is registered in the offender's name
and if, within five three years of the offense, the offender has
been convicted of or pleaded guilty to one violation two
violations of division (A) or (B) of this section or
section
4510.11 or 4510.111 of the Revised Code, or any combination of two
violations of this section or section 4510.11 or 4510.111 of the
Revised Code, or a substantially similar municipal ordinance, the
court, in addition to or independent of any other sentence that it
imposes on the offender, shall may order the immobilization for
sixty days of the vehicle involved in the offense and the
impoundment for sixty days of the license plates of that vehicle
in accordance with section 4503.233 of the Revised Code.
(3) If the vehicle is registered in the offender's name and
if, within five three years of the offense, the offender has been
convicted of or pleaded guilty to two three or more violations of
this section or
section 4510.11 or 4510.111 of the Revised Code,
or any combination of three or more violations of this section or
section 4510.11 or 4510.111 of the Revised Code, or a
substantially similar municipal ordinance, the court, in addition
to or independent of any other sentence that it imposes upon the
offender, shall may order the criminal forfeiture to the state of
the vehicle involved in the offense. If title to a motor vehicle
that is subject to an order for criminal forfeiture under this
division is assigned or transferred and division (B)(2) or (3) of
section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto automobile dealers association.
The proceeds from any fine so imposed shall be distributed in
accordance with division (C)(2) of that section.
(C)(H) Any order for immobilization and impoundment under
this section shall be issued and enforced in accordance with
sections 4503.233 and 4507.02 of the Revised Code, as applicable.
Any order of criminal forfeiture shall be issued and enforced in
accordance with section 4503.234 of the Revised Code. The court
shall not release a vehicle from immobilization orders ordered
under this section unless the court is presented with current
proof of financial responsibility with respect to that vehicle.
(I) An order for criminal forfeiture under this section shall
be issued and enforced under section 4503.234 of the Revised Code.
Upon receipt of a copy of the order from the court, neither the
registrar of motor vehicles nor a deputy registrar shall accept
any application for the registration or transfer of registration
of any motor vehicle owned or leased by the person named in the
declaration of forfeiture. The period of registration denial shall
be five years after the date of the order unless, during that
period, the court having jurisdiction of the offense that led to
the order terminates the forfeiture and notifies the registrar of
the termination. The registrar then shall take the necessary
measures to permit the person to register a vehicle owned or
leased by the person or to transfer registration of the vehicle.
Sec. 4510.161. (A) The requirements and sanctions imposed by
divisions (B) and (C) of this section are an adjunct to and derive
from the state's exclusive authority over the registration and
titling of motor vehicles and do not comprise a part of the
criminal sentence to be imposed upon a person who violates a
municipal ordinance that is substantially equivalent to section
4510.14 or to division (A) of section 4510.16 of the Revised Code.
(B)(1) If a person is convicted of or pleads guilty to a
violation of a municipal ordinance that is substantially
equivalent to division (A) of section 4510.16 of the Revised Code,
if the vehicle the offender was operating at the time of the
offense is registered in the offender's name, and if division
(B)(2) of this section does not apply, the court, in addition to
or independent of any sentence that it imposes upon the offender
for the offense, may order the immobilization for not more than
thirty days of the vehicle the offender was operating at the time
of the offense and the impoundment for not more than thirty days
of the identification license plates of that vehicle.
(2) If a person is convicted of or pleads guilty to a
violation of a municipal ordinance that is substantially
equivalent to division (A) of section 4510.16 of the Revised Code
and if, within five years of the current offense, the offender has
been convicted of or pleaded guilty to one or more violations of
division (A) of section 4510.16 or former division (B)(1) of
section 4507.02 of the Revised Code or a municipal ordinance that
is substantially equivalent to either
division of those divisions,
the court, in addition to or independent of any sentence that it
imposes upon the offender for the offense, shall may do whichever
of the following is applicable:
(a)(1) If the vehicle is registered in the offender's name
and if, within three years of the current offense, the offender
previously has been convicted of or pleaded guilty to one
violation of this section or section 4510.11, 4510.111, or 4510.16
of the Revised Code or a substantially equivalent municipal
ordinance, the court, in addition to or independent of any other
sentence that it imposes upon the offender, may order the
immobilization of the vehicle involved in the offense for thirty
days and the impoundment of that vehicle's license plates for
thirty days in accordance with section 4503.233 of the Revised
Code.
(2) If the vehicle is registered in the offender's name and
if, within five three years of the current offense, the offender
previously has been convicted of or pleaded guilty to one such
violation two violations of this section or any combination of two
violations of this section or section 4510.11, 4510.111, or
4510.16 of the Revised Code, or a substantially equivalent
municipal ordinance, the court
shall, in addition to or
independent of any other sentence that it imposes upon the
offender, may order the immobilization for sixty days of the
vehicle the offender was operating at the time of involved in the
offense and the impoundment of that vehicle's license plates for
sixty days of the identification license plates of that vehicle in
accordance with section 4503.233 of the Revised Code.
(b)(3) If the vehicle is registered in the offender's name
and if, within five three years of the current offense, the
offender previously has been convicted of or pleaded guilty to two
three or more such violations of this section or any combination
of three or more violations of this section or section 4510.11,
4510.111, or 4510.16 of the Revised Code, or a substantially
equivalent municipal ordinance, the court shall may order the
criminal forfeiture to the state of the vehicle the offender was
operating at the time of the offense. If title to a motor vehicle
that is subject to an order for criminal forfeiture under this
division is assigned or transferred and division (B)(2) or (3) of
section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the motor vehicle as determined by
publications of the national automobile dealers association. The
proceeds from any fine so imposed shall be distributed in
accordance with division (C)(2) of that section.
(C) If a person is convicted of or pleads guilty to a
violation of a municipal ordinance that is substantially
equivalent to section 4510.14 of the Revised Code, the court, in
addition to and independent of any sentence that it imposes upon
the offender for the offense, if the vehicle the offender was
operating at the time of the offense is registered in the
offender's name, shall do whichever of the following is
applicable:
(1) If, within five six years of the current offense, the
offender has not been convicted of or pleaded guilty to a
violation of section 4510.14 or former division (D)(2) of section
4507.02 of the Revised Code or a municipal ordinance that is
substantially equivalent to that section or former division, the
court shall order the immobilization for thirty days of the
vehicle the offender was operating at the time of involved in the
offense and the impoundment for thirty days of the
identification
license plates of that vehicle in accordance with section 4503.233
of the Revised Code.
(2) If, within five six years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
of section 4510.14 or former division (D)(2) of section 4507.02 of
the Revised Code or a municipal ordinance that is substantially
equivalent to that section or former division, the court shall
order the immobilization for sixty days of the vehicle the
offender was operating at the time of involved in the offense and
the impoundment for sixty days of the identification license
plates of that vehicle in accordance with section 4503.233 of the
Revised Code.
(3) If, within five six years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations of section 4510.14 or former division (D)(2) of section
4507.02 of the Revised Code or a municipal ordinance that is
substantially equivalent to that section or former division, the
court shall order the criminal forfeiture to the state of the
vehicle the offender was operating at the time of the offense.
(D) An order of criminal forfeiture issued pursuant to this
section shall be issued and enforced in accordance with section
4503.234 of the Revised Code. An order for the immobilization and
impoundment of a vehicle issued pursuant to under this section
shall be issued and enforced in accordance with
section sections
4503.233 and 4507.02 of the Revised Code, as applicable. The court
shall not release a vehicle from immobilization ordered under this
section unless the court is presented with current proof of
financial responsibility with respect to that vehicle.
(E) An order for criminal forfeiture of a vehicle under this
section shall be issued and enforced under section 4503.234 of the
Revised Code. Upon receipt of a copy of the order from the court,
neither the registrar of motor vehicles nor a deputy registrar
shall accept any application for the registration or transfer of
registration of any motor vehicle owned or leased by the person
named in the declaration of forfeiture. The period of registration
denial shall be five years after the date of the order unless,
during that period, the court having jurisdiction of the offense
that led to the order terminates the forfeiture and notifies the
registrar of the termination. The registrar then shall take the
necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer registration of the
vehicle.
Sec. 4510.21. (A) No person whose driver's license,
commercial driver's license, temporary instruction permit, or
nonresident's operating privilege has been suspended shall operate
any motor vehicle upon a public road or highway or any public or
private property after the suspension has expired unless the
person has complied with all license reinstatement requirements
imposed by the court, the bureau of motor vehicles, or another
provision of the Revised Code.
(B) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) of this section may be admitted into evidence as prima-facie
evidence that the license of the person had not been reinstated by
the person at the time of the alleged violation of division (A) of
this section. The person charged with a violation of division (A)
of this section may offer evidence to rebut this prima-facie
evidence.
(C) Whoever violates this section is guilty of failure to
reinstate a license, and shall be punished as follows:
(1) Except as provided in division (C)(2) of this section,
whoever violates division (A) of this section is guilty of an
unclassified misdemeanor. When the offense is an unclassified
misdemeanor, the offender shall be sentenced pursuant to sections
2929.21 to 2929.28 of the Revised Code, except that the offender
shall not be sentenced to a jail term; the offender shall not be
sentenced to a community residential sanction pursuant to section
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of
section 2929.28 of the Revised Code, the offender may be fined up
to one thousand dollars; and, notwithstanding division (A)(3) of
section 2929.27 of the Revised Code, the offender may be ordered
pursuant to division (C) of that section to serve a term of
community service of up to five hundred hours. The failure of an
offender to complete a term of community service imposed by the
court may be punished as indirect criminal contempt under division
(A) of section 2705.02 of the Revised Code that may be filed in
the underlying case.
(2) If, within three years of a violation of division (A) of
this section, the offender previously has pleaded guilty to or
been convicted of two or more violations of division (A) of this
section or a substantially equivalent municipal ordinance, the
offender is guilty of a misdemeanor of the first degree. The
(3) In all cases, the court may impose upon the offender a
class seven suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary driver's license, or nonresident operating privilege
from the range specified in division (A)(7) of section 4510.02 of
the Revised Code.
Sec. 4510.22. (A) If a person who has a current valid Ohio
driver's, commercial driver's license, or temporary instruction
permit is charged with a violation of any provision in sections
4503.11, 4503.12, 4503.182, 4503.21, 4507.02, 4507.05, 4507.35,
4510.11, 4510.111, 4510.12, 4510.16, 4510.21, 4511.01 to 4511.76,
4511.81, 4511.82, 4511.84, 4513.01 to 4513.65, or 4549.01 to
4549.65 of the Revised Code that is classified as a misdemeanor of
the first, second, third, or fourth degree or with a violation of
any substantially equivalent municipal ordinance and if the person
either fails to appear in court at the required time and place to
answer the charge or pleads guilty to or is found guilty of the
violation and fails within the time allowed by the court to pay
the fine imposed by the court, the court shall may declare the
forfeiture of the person's license. Thirty days after the
such a
declaration of forfeiture, the court shall inform the registrar of
motor vehicles of the forfeiture by entering information relative
to the forfeiture on a form approved and furnished by the
registrar and sending the form to the registrar. The court also
shall forward the person's license, if it is in the possession of
the court, to the registrar.
The registrar shall impose a class F suspension of the
person's driver's or commercial driver's license, or temporary
instruction permit for the period of time specified in division
(B)(6) of section 4510.02 of the Revised Code on any person who is
named in a declaration received by the registrar under this
section. The registrar shall send written notification of the
suspension to the person at the person's last known address and,
if the person is in possession of the license, order the person to
surrender the person's license or permit to the registrar within
forty-eight hours.
No valid driver's or commercial driver's license shall be
granted to the person after the suspension, unless the court
having jurisdiction of the offense that led to the suspension
orders that the forfeiture be terminated. The court shall order
the termination of the forfeiture if the person thereafter appears
to answer the charge and pays any fine imposed by the court or
pays the fine originally imposed by the court. The court shall
inform the registrar of the termination of the forfeiture by
entering information relative to the termination on a form
approved and furnished by the registrar and sending the form to
the registrar. The person shall pay to the registrar of motor
vehicles or an eligible deputy registrar a twenty-five-dollar
reinstatement fee. In addition, each deputy registrar shall
collect a service fee of ten dollars to compensate the deputy
registrar for services performed under this section. The deputy
registrar shall retain eight dollars of the service fee and shall
transmit the reinstatement fee, plus two dollars of the service
fee, to the registrar in the manner the registrar shall determine.
The registrar shall deposit fifteen dollars of the reinstatement
fee into the state treasury to the credit of the state bureau of
motor vehicles fund created by section 4501.25 of the Revised Code
to cover the costs of the bureau in administering this section and
shall deposit ten dollars of the fee into the state treasury to
the credit of the indigent defense support fund created by section
120.08 of the Revised Code.
(B) In addition to suspending the driver's or commercial
driver's license or permit of the person named in a declaration of
forfeiture, the registrar, upon receipt from the court of the copy
of the declaration of forfeiture, shall take any measures that may
be necessary to ensure that neither the registrar nor any deputy
registrar accepts any application for the registration or transfer
of registration of any motor vehicle owned or leased by the person
named in the declaration of forfeiture. However, for a motor
vehicle leased by a person named in a declaration of forfeiture,
the registrar shall not implement the preceding sentence until the
registrar adopts procedures for that implementation under section
4503.39 of the Revised Code. The period of denial of registration
or transfer shall continue until such time as the court having
jurisdiction of the offense that led to the suspension orders the
forfeiture be terminated. Upon receipt by the registrar of an
order terminating the forfeiture, the registrar also shall take
any measures that may be necessary to permit the person to
register a motor vehicle owned or leased by the person or to
transfer the registration of such a motor vehicle, if the person
later makes application to take such action and otherwise is
eligible to register the motor vehicle or to transfer its
registration.
The registrar shall not be required to give effect to any
declaration of forfeiture or order terminating a forfeiture
provided by a court under this section unless the information
contained in the declaration or order is transmitted to the
registrar by means of an electronic transfer system. The registrar
shall not restore the person's driving or vehicle registration
privileges until the person pays the reinstatement fee as provided
in this section.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed pursuant
to this division remains in effect until the person pays any fine
imposed by the court relative to the offense.
Sec. 4510.41. (A) As used in this section:
(1) "Arrested person" means a person who is arrested for a
violation of section 4510.14, 4510.16, or 4511.203 of the Revised
Code, or a municipal ordinance that is substantially equivalent to
any of those sections, and whose arrest results in a vehicle being
seized under division (B) of this section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is registered, at the time of
the seizure, a vehicle that is seized under division (B) of this
section;
(b) A person to whom the certificate of title to a vehicle
that is seized under division (B) of this section has been
assigned and who has not obtained a certificate of title to the
vehicle in that person's name, but who is deemed by the court as
being the owner of the vehicle at the time the vehicle was seized
under division (B) of this section.
(3) "Interested party" includes the owner of a vehicle seized
under this section, all lienholders, the arrested person, the
owner of the place of storage at which a vehicle seized under this
section is stored, and the person or entity that caused the
vehicle to be removed.
(B)(1) If a person is arrested for a violation of section
4510.14 or 4511.203 of the Revised Code or a municipal ordinance
that is substantially equivalent to either of those sections or if
a person is arrested for a violation of section 4510.16 of the
Revised Code or a municipal ordinance that is substantially
equivalent to that section and if division (B)(3)(G)(2) of section
4510.16 or division (B)(2) of section 4510.161 of the Revised Code
applies, the arresting officer or another officer of the law
enforcement agency that employs the arresting officer, in addition
to any action that the arresting officer is required or authorized
to take by any other provision of law, shall seize the vehicle
that the person was operating at the time of, or that was involved
in, the alleged offense if the vehicle is registered in the
arrested person's name and its license plates. A law enforcement
agency that employs a law enforcement officer who makes an arrest
of a type that is described in this division and that involves a
rented or leased vehicle that is being rented or leased for a
period of thirty days or less shall notify, within twenty-four
hours after the officer makes the arrest, the lessor or owner of
the vehicle regarding the circumstances of the arrest and the
location at which the vehicle may be picked up. At the time of the
seizure of the vehicle, the law enforcement officer who made the
arrest shall give the arrested person written notice that the
vehicle and its license plates have been seized; that the vehicle
either will be kept by the officer's law enforcement agency or
will be immobilized at least until the person's initial appearance
on the charge of the offense for which the arrest was made; that,
at the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released to the
arrested person until the disposition of that charge; that, if the
arrested person is convicted of that charge, the court generally
must order the immobilization of the vehicle and the impoundment
of its license plates or the forfeiture of the vehicle; and that
the arrested person may be charged expenses or charges incurred
under this section and section 4503.233 of the Revised Code for
the removal and storage of the vehicle.
(2) The arresting officer or a law enforcement officer of the
agency that employs the arresting officer shall give written
notice of the seizure under division (B)(1) of this section to the
court that will conduct the initial appearance of the arrested
person on the charges arising out of the arrest. Upon receipt of
the notice, the court promptly shall determine whether the
arrested person is the vehicle owner. If the court determines that
the arrested person is not the vehicle owner, it promptly shall
send by regular mail written notice of the seizure to the
vehicle's registered owner. The written notice shall contain all
of the information required by division (B)(1) of this section to
be in a notice to be given to the arrested person and also shall
specify the date, time, and place of the arrested person's initial
appearance. The notice also shall inform the vehicle owner that if
title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, the court may fine the arrested person the value of the
vehicle. The notice also shall state that if the vehicle is
immobilized under division (A) of section 4503.233 of the Revised
Code, seven days after the end of the period of immobilization a
law enforcement agency will send the vehicle owner a notice,
informing the owner that if the release of the vehicle is not
obtained in accordance with division (D)(3) of section 4503.233 of
the Revised Code, the vehicle shall be forfeited. The notice also
shall inform the vehicle owner that the owner may be charged
expenses or charges incurred under this section and section
4503.233 of the Revised Code for the removal and storage of the
vehicle.
The written notice that is given to the arrested person also
shall state that if the person is convicted of or pleads guilty to
the offense and the court issues an immobilization and impoundment
order relative to that vehicle, division (D)(4) of section
4503.233 of the Revised Code prohibits the vehicle from being sold
during the period of immobilization without the prior approval of
the court.
(3) At or before the initial appearance, the vehicle owner
may file a motion requesting the court to order that the vehicle
and its license plates be released to the vehicle owner. Except as
provided in this division and subject to the payment of expenses
or charges incurred in the removal and storage of the vehicle, the
court, in its discretion, then may issue an order releasing the
vehicle and its license plates to the vehicle owner. Such an order
may be conditioned upon such terms as the court determines
appropriate, including the posting of a bond in an amount
determined by the court. If the arrested person is not the vehicle
owner and if the vehicle owner is not present at the arrested
person's initial appearance, and if the court believes that the
vehicle owner was not provided with adequate notice of the initial
appearance, the court, in its discretion, may allow the vehicle
owner to file a motion within seven days of the initial
appearance. If the court allows the vehicle owner to file such a
motion after the initial appearance, the extension of time granted
by the court does not extend the time within which the initial
appearance is to be conducted. If the court issues an order for
the release of the vehicle and its license plates, a copy of the
order shall be made available to the vehicle owner. If the vehicle
owner presents a copy of the order to the law enforcement agency
that employs the law enforcement officer who arrested the arrested
person, the law enforcement agency promptly shall release the
vehicle and its license plates to the vehicle owner upon payment
by the vehicle owner of any expenses or charges incurred in the
removal or storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by the
agency at that place for the time and in the manner specified in
this section or shall be otherwise immobilized for the time and in
the manner specified in this section. A law enforcement officer of
that agency shall remove the identification license plates of the
vehicle, and they shall be safely kept by the agency for the time
and in the manner specified in this section. No vehicle that is
seized and either towed or immobilized pursuant to this division
shall be considered contraband for purposes of Chapter 2981. of
the Revised Code. The vehicle shall not be immobilized at any
place other than a commercially operated private storage lot, a
place owned by a law enforcement or other government agency, or a
place to which one of the following applies:
(a) The place is leased by or otherwise under the control of
a law enforcement or other government agency.
(b) The place is owned by the arrested person, the arrested
person's spouse, or a parent or child of the arrested person.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle seized under division (B)(1) of this section
shall be safely kept at the place to which it is towed or
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the arrested
person relative to the charge in question. The license plates of
the vehicle that are removed pursuant to division (B)(1) of this
section shall be safely kept by the law enforcement agency that
employs the arresting officer until at least the initial
appearance of the arrested person relative to the charge in
question.
(2)(a) At the initial appearance or not less than seven days
prior to the date of final disposition, the court shall notify the
arrested person that, if title to a motor vehicle that is subject
to an order for criminal forfeiture under this section is assigned
or transferred and division (B)(2) or (3) of section 4503.234 of
the Revised Code applies, the court may fine the arrested person
the value of the vehicle. If, at the initial appearance, the
arrested person pleads guilty to the violation of section 4510.14,
4510.16, or 4511.203 of the Revised Code, or a municipal ordinance
that is substantially equivalent to any of those sections or
pleads no contest to and is convicted of the violation, the
following sentencing provisions apply:
(i) If the person violated section 4510.14 or of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section, the court shall impose sentence upon the person as
provided by law or ordinance; the court shall order the
immobilization of the vehicle the arrested person was operating at
the time of, or that was involved in, the offense if registered in
the arrested person's name and the impoundment of its license
plates under sections 4503.233 and 4510.14 of the Revised Code or
the criminal forfeiture to the state of the vehicle if registered
in the arrested person's name under sections 4503.234 and 4510.14
of the Revised Code, whichever is applicable; and the vehicle and
its license plates shall not be returned or released to the
arrested person.
If the person violated section 4511.203 of the Revised Code
or a municipal ordinance that is substantially equivalent to
either of those sections that section, or violated section 4510.16
of the Revised Code or a municipal ordinance that is substantially
equivalent to that section and division (B)(3)(G)(2) of section
4510.16 or division (B)(2) of section 4510.161 of the Revised Code
applies, the court shall impose sentence upon the person as
provided by law or ordinance; the court shall may order the
immobilization of the vehicle the arrested person was operating at
the time of, or that was involved in, the offense if registered in
the arrested person's name and the impoundment of its license
plates under section 4503.233 and section 4510.14, 4510.16,
4510.161, or 4511.203 of the Revised Code or the criminal
forfeiture to the state of the vehicle if registered in the
arrested person's name under section 4503.234 and section 4510.14,
4510.16, 4510.161, or 4511.203 of the Revised Code, whichever is
applicable; and the vehicle and its license plates shall not be
returned or released to the arrested person.
(ii) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (B)(2)(G)(1) of section 4510.16 or
division (B)(1) of section 4510.161 applies, the court shall
impose sentence upon the person as provided by law or ordinance
and may order the immobilization of the vehicle the person was
operating at the time of, or that was involved in, the offense if
it is registered in the arrested person's name and the impoundment
of its license plates under section 4503.233 and section 4510.16
or 4510.161 of the Revised Code, and the vehicle and its license
plates shall not be returned or released to the arrested person.
(b) If, at any time, the charge that the arrested person
violated section 4510.14, 4510.16, or 4511.203 of the Revised
Code, or a municipal ordinance that is substantially equivalent to
any of those sections is dismissed for any reason, the court shall
order that the vehicle seized at the time of the arrest and its
license plates immediately be released to the person.
(D) If a vehicle and its license plates are seized under
division (B)(1) of this section and are not returned or released
to the arrested person pursuant to division (C) of this section,
the vehicle and its license plates shall be retained until the
final disposition of the charge in question. Upon the final
disposition of that charge, the court shall do whichever of the
following is applicable:
(1) If the arrested person is convicted of or pleads guilty
to the violation of section 4510.14 or of the Revised Code or a
municipal ordinance that is substantially equivalent to that
section, the court shall impose sentence upon the person as
provided by law or ordinance and shall order the immobilization of
the vehicle the person was operating at the time of, or that was
involved in, the offense if it is registered in the arrested
person's name and the impoundment of its license plates under
sections 4503.233 and 4510.14 of the Revised Code or the criminal
forfeiture of the vehicle if it is registered in the arrested
person's name under sections 4503.234 and 4510.14 of the Revised
Code, whichever is applicable.
If the arrested person is convicted of or pleads guilty to
the violation of section 4511.203 of the Revised Code, or a
municipal ordinance that is substantially equivalent to either of
those sections that section, or to the violation of section
4510.16 of the Revised Code or a municipal ordinance that is
substantially equivalent to that section and division (B)(3)(F)(2)
of section 4510.16 or division (B)(2) of section 4510.161 of the
Revised Code applies, the court shall impose sentence upon the
person as provided by law or ordinance and shall may order the
immobilization of the vehicle the person was operating at the time
of, or that was involved in, the offense if it is registered in
the arrested person's name and the impoundment of its license
plates under section 4503.233 and section 4510.14, 4510.16,
4510.161, or 4511.203 of the Revised Code or the criminal
forfeiture of the vehicle if it is registered in the arrested
person's name under section 4503.234 and section 4510.14, 4510.16,
4510.161, or 4511.203 of the Revised Code, whichever is
applicable.
(2) If the person violated section 4510.16 of the Revised
Code or a municipal ordinance that is substantially equivalent to
that section and division (B)(2)(G)(1) of section 4510.16 or
division (B)(1) of section 4510.161 applies, the court shall
impose sentence upon the person as provided by law or ordinance
and may order the immobilization of the vehicle the person was
operating at the time of, or that was involved in, the offense if
it is registered in the person's name and the impoundment of its
license plates under section 4503.233 and section 4510.16 or
4510.161 of the Revised Code.
(3) If the arrested person is found not guilty of the
violation of section 4510.14, 4510.16, or 4511.203 of the Revised
Code, or a municipal ordinance that is substantially equivalent to
any of those sections, the court shall order that the vehicle and
its license plates immediately be released to the arrested person.
(4) If the charge that the arrested person violated section
4510.14, 4510.16, or 4511.203 of the Revised Code, or a municipal
ordinance that is substantially equivalent to any of those
sections is dismissed for any reason, the court shall order that
the vehicle and its license plates immediately be released to the
arrested person.
(5) If the impoundment of the vehicle was not authorized
under this section, the court shall order that the vehicle and its
license plates be returned immediately to the arrested person or,
if the arrested person is not the vehicle owner, to the vehicle
owner and shall order that the state or political subdivision of
the law enforcement agency served by the law enforcement officer
who seized the vehicle pay all expenses and charges incurred in
its removal and storage.
(E) If a vehicle is seized under division (B)(2) of this
section, the time between the seizure of the vehicle and either
its release to the arrested person pursuant to division (C) of
this section or the issuance of an order of immobilization of the
vehicle under section 4503.233 of the Revised Code shall be
credited against the period of immobilization ordered by the
court.
(F)(1) Except as provided in division (D)(4) of this section,
the arrested person may be charged expenses or charges incurred in
the removal and storage of the immobilized vehicle. The court with
jurisdiction over the case, after notice to all interested
parties, including lienholders, and after an opportunity for them
to be heard, if the court finds that the arrested person does not
intend to seek release of the vehicle at the end of the period of
immobilization under section 4503.233 of the Revised Code or that
the arrested person is not or will not be able to pay the expenses
and charges incurred in its removal and storage, may order that
title to the vehicle be transferred, in order of priority, first
into the name of the person or entity that removed it, next into
the name of a lienholder, or lastly into the name of the owner of
the place of storage.
Any lienholder that receives title under a court order shall
do so on the condition that it pay any expenses or charges
incurred in the vehicle's removal and storage. If the person or
entity that receives title to the vehicle is the person or entity
that removed it, the person or entity shall receive title on the
condition that it pay any lien on the vehicle. The court shall not
order that title be transferred to any person or entity other than
the owner of the place of storage if the person or entity refuses
to receive the title. Any person or entity that receives title
either may keep title to the vehicle or may dispose of the vehicle
in any legal manner that it considers appropriate, including
assignment of the certificate of title to the motor vehicle to a
salvage dealer or a scrap metal processing facility. The person or
entity shall not transfer the vehicle to the person who is the
vehicle's immediate previous owner.
If the person or entity that receives title assigns the motor
vehicle to a salvage dealer or scrap metal processing facility,
the person or entity shall send the assigned certificate of title
to the motor vehicle to the clerk of the court of common pleas of
the county in which the salvage dealer or scrap metal processing
facility is located. The person or entity shall mark the face of
the certificate of title with the words "FOR DESTRUCTION" and
shall deliver a photocopy of the certificate of title to the
salvage dealer or scrap metal processing facility for its records.
(2) Whenever a court issues an order under division (F)(1) of
this section, the court also shall order removal of the license
plates from the vehicle and cause them to be sent to the registrar
if they have not already been sent to the registrar. Thereafter,
no further proceedings shall take place under this section or
under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1) of
this section, and upon payment of the fee under division (B) of
section 4505.14, any interested party may cause a search to be
made of the public records of the bureau of motor vehicles or the
clerk of the court of common pleas, to ascertain the identity of
any lienholder of the vehicle. The initiating party shall furnish
this information to the clerk of the court with jurisdiction over
the case, and the clerk shall provide notice to the arrested
person, any lienholder, and any other interested parties listed by
the initiating party, at the last known address supplied by the
initiating party, by certified mail, or, at the option of the
initiating party, by personal service or ordinary mail.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley within this state, if, at the time
of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of
abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths of one
per cent or more but less than seventeen-hundredths of one per
cent by weight per unit volume of alcohol in the person's whole
blood.
(c) The person has a concentration of ninety-six-thousandths
of one per cent or more but less than two hundred four-thousandths
of one per cent by weight per unit volume of alcohol in the
person's blood serum or plasma.
(d) The person has a concentration of eight-hundredths of one
gram or more but less than seventeen-hundredths of one gram by
weight of alcohol per two hundred ten liters of the person's
breath.
(e) The person has a concentration of eleven-hundredths of
one gram or more but less than two hundred
thirty-eight-thousandths of one gram by weight of alcohol per one
hundred milliliters of the person's urine.
(f) The person has a concentration of seventeen-hundredths of
one per cent or more by weight per unit volume of alcohol in the
person's whole blood.
(g) The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol in the person's blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths of
one gram or more by weight of alcohol per two hundred ten liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(xi) The state board of pharmacy has adopted a rule pursuant
to section 4729.041 of the Revised Code that specifies the amount
of salvia divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating any vehicle, streetcar, or trackless trolley within this
state, the rule is in effect, and the person has a concentration
of salvia divinorum or salvinorin A of at least that amount so
specified by rule in the person's urine, in the person's whole
blood, or in the person's blood serum or plasma.
(2) No person who, within twenty years of the conduct
described in division (A)(2)(a) of this section, previously has
been convicted of or pleaded guilty to a violation of this
division, a violation of division (A)(1) or (B) of this section,
or any other equivalent offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate any
vehicle, streetcar, or trackless trolley within this state, if, at
the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths
of one per cent but less than eight-hundredths of one per cent by
weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least
three-hundredths of one per cent but less than
ninety-six-thousandths of one per cent by weight per unit volume
of alcohol in the person's blood serum or plasma.
(3) The person has a concentration of at least two-hundredths
of one gram but less than eight-hundredths of one gram by weight
of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight
one-thousandths of one gram but less than eleven-hundredths of one
gram by weight of alcohol per one hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a violation of division (B)(1), (2), or (3) of this section,
but the person may not be convicted of more than one violation of
these divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense that is vehicle-related, the result
of any test of any blood or urine withdrawn and analyzed at any
health care provider, as defined in section 2317.02 of the Revised
Code, may be admitted with expert testimony to be considered with
any other relevant and competent evidence in determining the guilt
or innocence of the defendant.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section or for an
equivalent offense that is vehicle-related, the court may admit
evidence on the concentration of alcohol, drugs of abuse,
controlled substances, metabolites of a controlled substance, or a
combination of them in the defendant's whole blood, blood serum or
plasma, breath, urine, or other bodily substance at the time of
the alleged violation as shown by chemical analysis of the
substance withdrawn within three hours of the time of the alleged
violation. The three-hour time limit specified in this division
regarding the admission of evidence does not extend or affect the
two-hour time limit specified in division (A) of section 4511.192
of the Revised Code as the maximum period of time during which a
person may consent to a chemical test or tests as described in
that section. The court may admit evidence on the concentration of
alcohol, drugs of abuse, or a combination of them as described in
this division when a person submits to a blood, breath, urine, or
other bodily substance test at the request of a law enforcement
officer under section 4511.191 of the Revised Code or a blood or
urine sample is obtained pursuant to a search warrant. Only a
physician, a registered nurse, an emergency medical
technician-intermediate, an emergency medical
technician-paramedic, or a qualified technician, chemist, or
phlebotomist shall withdraw a blood sample for the purpose of
determining the alcohol, drug, controlled substance, metabolite of
a controlled substance, or combination content of the whole blood,
blood serum, or blood plasma. This limitation does not apply to
the taking of breath or urine specimens. A person authorized to
withdraw blood under this division may refuse to withdraw blood
under this division, if in that person's opinion, the physical
welfare of the person would be endangered by the withdrawing of
blood.
The bodily substance withdrawn under division (D)(1)(b) of
this section shall be analyzed in accordance with methods approved
by the director of health by an individual possessing a valid
permit issued by the director pursuant to section 3701.143 of the
Revised Code.
(c) As used in division (D)(1)(b) of this section, "emergency
medical technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section 4765.01
of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section or for an
equivalent offense that is vehicle-related, if there was at the
time the bodily substance was withdrawn a concentration of less
than the applicable concentration of alcohol specified in
divisions (A)(1)(b), (c), (d), and (e) of this section or less
than the applicable concentration of a listed controlled substance
or a listed metabolite of a controlled substance specified for a
violation of division (A)(1)(j) of this section, that fact may be
considered with other competent evidence in determining the guilt
or innocence of the defendant. This division does not limit or
affect a criminal prosecution or juvenile court proceeding for a
violation of division (B) of this section or for an equivalent
offense that is substantially equivalent to that division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the person
or the person's attorney, immediately upon the completion of the
chemical test analysis.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse, or a qualified technician, chemist, or
phlebotomist of the person's own choosing administer a chemical
test or tests, at the person's expense, in addition to any
administered at the request of a law enforcement officer. If the
person was under arrest as described in division (A)(5) of section
4511.191 of the Revised Code, the arresting officer shall advise
the person at the time of the arrest that the person may have an
independent chemical test taken at the person's own expense. If
the person was under arrest other than described in division
(A)(5) of section 4511.191 of the Revised Code, the form to be
read to the person to be tested, as required under section
4511.192 of the Revised Code, shall state that the person may have
an independent test performed at the person's expense. The failure
or inability to obtain an additional chemical test by a person
shall not preclude the admission of evidence relating to the
chemical test or tests taken at the request of a law enforcement
officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or urine, if a law
enforcement officer has administered a field sobriety test to the
operator of the vehicle involved in the violation and if it is
shown by clear and convincing evidence that the officer
administered the test in substantial compliance with the testing
standards for any reliable, credible, and generally accepted field
sobriety tests that were in effect at the time the tests were
administered, including, but not limited to, any testing standards
then in effect that were set by the national highway traffic
safety administration, all of the following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1) Subject to division (E)(3) of this section, in any
criminal prosecution or juvenile court proceeding for a violation
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or (B)(1), (2), (3), or (4) of this section or for an equivalent
offense that is substantially equivalent to any of those
divisions, a laboratory report from any laboratory personnel
issued a permit by the department of health authorizing an
analysis as described in this division that contains an analysis
of the whole blood, blood serum or plasma, breath, urine, or other
bodily substance tested and that contains all of the information
specified in this division shall be admitted as prima-facie
evidence of the information and statements that the report
contains. The laboratory report shall contain all of the
following:
(a) The signature, under oath, of any person who performed
the analysis;
(b) Any findings as to the identity and quantity of alcohol,
a drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory
director or a designee of the director that contains the name of
each certified analyst or test performer involved with the report,
the analyst's or test performer's employment relationship with the
laboratory that issued the report, and a notation that performing
an analysis of the type involved is part of the analyst's or test
performer's regular duties;
(d) An outline of the analyst's or test performer's
education, training, and experience in performing the type of
analysis involved and a certification that the laboratory
satisfies appropriate quality control standards in general and, in
this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the
admission of evidence, a report of the type described in division
(E)(1) of this section is not admissible against the defendant to
whom it pertains in any proceeding, other than a preliminary
hearing or a grand jury proceeding, unless the prosecutor has
served a copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of this
section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after
the defendant to whom the report pertains or the defendant's
attorney receives a copy of the report, the defendant or the
defendant's attorney demands the testimony of the person who
signed the report. The judge in the case may extend the seven-day
time limit in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, emergency medical
technician-intermediate, emergency medical technician-paramedic,
or qualified technician, chemist, or phlebotomist who withdraws
blood from a person pursuant to this section or section 4511.191
or 4511.192 of the Revised Code, and any hospital, first-aid
station, or clinic at which blood is withdrawn from a person
pursuant to this section or section 4511.191 or 4511.192 of the
Revised Code, is immune from criminal liability and civil
liability based upon a claim of assault and battery or any other
claim that is not a claim of malpractice, for any act performed in
withdrawing blood from the person. The immunity provided in this
division also extends to an emergency medical service organization
that employs an emergency medical technician-intermediate or
emergency medical technician-paramedic who withdraws blood under
this section. The immunity provided in this division is not
available to a person who withdraws blood if the person engages in
willful or wanton misconduct.
As used in this division, "emergency medical
technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section 4765.01
of the Revised Code.
(G)(1) Whoever violates any provision of divisions (A)(1)(a)
to (i) or (A)(2) of this section is guilty of operating a vehicle
under the influence of alcohol, a drug of abuse, or a combination
of them. Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under Chapter 2929. of the Revised Code, except as
otherwise authorized or required by divisions (G)(1)(a) to (e) of
this section:
(a) Except as otherwise provided in division (G)(1)(b), (c),
(d), or (e) of this section, the offender is guilty of a
misdemeanor of the first degree, and the court shall sentence the
offender to all of the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term of three consecutive days. As used in this
division, three consecutive days means seventy-two consecutive
hours. The court may sentence an offender to both an intervention
program and a jail term. The court may impose a jail term in
addition to the three-day mandatory jail term or intervention
program. However, in no case shall the cumulative jail term
imposed for the offense exceed six months.
The court may suspend the execution of the three-day jail
term under this division if the court, in lieu of that suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender to attend, for three consecutive days, a drivers'
intervention program certified under section 3793.10 of the
Revised Code. The court also may suspend the execution of any part
of the three-day jail term under this division if it places the
offender under a community control sanction pursuant to section
2929.25 of the Revised Code for part of the three days, requires
the offender to attend for the suspended part of the term a
drivers' intervention program so certified, and sentences the
offender to a jail term equal to the remainder of the three
consecutive days that the offender does not spend attending the
program. The court may require the offender, as a condition of
community control and in addition to the required attendance at a
drivers' intervention program, to attend and satisfactorily
complete any treatment or education programs that comply with the
minimum standards adopted pursuant to Chapter 3793. of the Revised
Code by the director of alcohol and drug addiction services that
the operators of the drivers' intervention program determine that
the offender should attend and to report periodically to the court
on the offender's progress in the programs. The court also may
impose on the offender any other conditions of community control
that it considers necessary.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as otherwise provided in this division, a
mandatory jail term of at least three consecutive days and a
requirement that the offender attend, for three consecutive days,
a drivers' intervention program that is certified pursuant to
section 3793.10 of the Revised Code. As used in this division,
three consecutive days means seventy-two consecutive hours. If the
court determines that the offender is not conducive to treatment
in a drivers' intervention program, if the offender refuses to
attend a drivers' intervention program, or if the jail at which
the offender is to serve the jail term imposed can provide a
driver's intervention program, the court shall sentence the
offender to a mandatory jail term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at drivers' intervention program, that the operators of
the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the
offender's progress in the programs. The court also may impose any
other conditions of community control on the offender that it
considers necessary.
(iii) In all cases, a fine of not less than three hundred
seventy-five and not more than one thousand seventy-five dollars;
(iv) In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident operating privilege from the range specified in
division (A)(5) of section 4510.02 of the Revised Code. The court
may grant limited driving privileges relative to the suspension
under sections 4510.021 and 4510.13 of the Revised Code.
(b) Except as otherwise provided in division (G)(1)(e) of
this section, an offender who, within six years of the offense,
previously has been convicted of or pleaded guilty to one
violation of division (A) or (B) of this section or one other
equivalent offense is guilty of a misdemeanor of the first degree.
The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term of ten consecutive days. The court shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead imposes a
sentence under that division consisting of both a jail term and a
term of house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may impose a jail term in
addition to the ten-day mandatory jail term. The cumulative jail
term imposed for the offense shall not exceed six months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender to be assessed by an alcohol and drug treatment program
that is authorized by section 3793.02 of the Revised Code, subject
to division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. The purpose
of the assessment is to determine the degree of the offender's
alcohol usage and to determine whether or not treatment is
warranted. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as otherwise provided in this division, a
mandatory jail term of twenty consecutive days. The court shall
impose the twenty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it instead
imposes a sentence under that division consisting of both a jail
term and a term of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a jail
term in addition to the twenty-day mandatory jail term. The
cumulative jail term imposed for the offense shall not exceed six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender to be assessed by an alcohol and drug treatment program
that is authorized by section 3793.02 of the Revised Code, subject
to division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. The purpose
of the assessment is to determine the degree of the offender's
alcohol usage and to determine whether or not treatment is
warranted. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(iii) In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred twenty-five and not more than one thousand six hundred
twenty-five dollars;
(iv) In all cases, a class four license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, immobilization of the vehicle involved in the
offense for ninety days in accordance with section 4503.233 of the
Revised Code and impoundment of the license plates of that vehicle
for ninety days.
(c) Except as otherwise provided in division (G)(1)(e) of
this section, an offender who, within six years of the offense,
previously has been convicted of or pleaded guilty to two
violations of division (A) or (B) of this section or other
equivalent offenses is guilty of a misdemeanor. The court shall
sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term of thirty consecutive days. The court shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it instead
imposes a sentence under that division consisting of both a jail
term and a term of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a jail
term in addition to the thirty-day mandatory jail term.
Notwithstanding the jail terms set forth in sections 2929.21 to
2929.28 of the Revised Code, the additional jail term shall not
exceed one year, and the cumulative jail term imposed for the
offense shall not exceed one year.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory jail term of sixty consecutive days. The
court shall impose the sixty-day mandatory jail term under this
division unless, subject to division (G)(3) of this section, it
instead imposes a sentence under that division consisting of both
a jail term and a term of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a jail term in addition to the sixty-day mandatory jail term.
Notwithstanding the jail terms set forth in sections 2929.21 to
2929.28 of the Revised Code, the additional jail term shall not
exceed one year, and the cumulative jail term imposed for the
offense shall not exceed one year.
(iii) In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than eight
hundred fifty and not more than two thousand seven hundred fifty
dollars;
(iv) In all cases, a class three license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(3) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle involved in
the offense in accordance with section 4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi) In all cases, the court shall order the offender to
participate in an alcohol and drug addiction program authorized by
section 3793.02 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the program. The operator of the program shall
determine and assess the degree of the offender's alcohol
dependency and shall make recommendations for treatment. Upon the
request of the court, the program shall submit the results of the
assessment to the court, including all treatment recommendations
and clinical diagnoses related to alcohol use.
(d) Except as otherwise provided in division (G)(1)(e) of
this section, an offender who, within six years of the offense,
previously has been convicted of or pleaded guilty to three or
four violations of division (A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is guilty of a felony of
the fourth degree. The court shall sentence the offender to all of
the following:
(i) If the sentence is being imposed for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the discretion of the
court, either a mandatory term of local incarceration of sixty
consecutive days in accordance with division (G)(1) of section
2929.13 of the Revised Code or a mandatory prison term of sixty
consecutive days in accordance with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the court imposes a
mandatory term of local incarceration, it may impose a jail term
in addition to the sixty-day mandatory term, the cumulative total
of the mandatory term and the jail term for the offense shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is authorized
for the offense. If the court imposes a mandatory prison term,
notwithstanding division (A)(4) of section 2929.14 of the Revised
Code, it also may sentence the offender to a definite prison term
that shall be not less than six months and not more than thirty
months and the prison terms shall be imposed as described in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the court, either a mandatory term of local
incarceration of one hundred twenty consecutive days in accordance
with division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of one hundred twenty consecutive days in
accordance with division (G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court imposes a mandatory term of local
incarceration, it may impose a jail term in addition to the one
hundred twenty-day mandatory term, the cumulative total of the
mandatory term and the jail term for the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is authorized for the
offense. If the court imposes a mandatory prison term,
notwithstanding division (A)(4) of section 2929.14 of the Revised
Code, it also may sentence the offender to a definite prison term
that shall be not less than six months and not more than thirty
months and the prison terms shall be imposed as described in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii) In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine of not less than one thousand three hundred
fifty nor more than ten thousand five hundred dollars;
(iv) In all cases, a class two license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(2) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle involved in
the offense in accordance with section 4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi) In all cases, the court shall order the offender to
participate in an alcohol and drug addiction program authorized by
section 3793.02 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the program. The operator of the program shall
determine and assess the degree of the offender's alcohol
dependency and shall make recommendations for treatment. Upon the
request of the court, the program shall submit the results of the
assessment to the court, including all treatment recommendations
and clinical diagnoses related to alcohol use.
(vii) In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the court, pursuant to section 2929.17 of the
Revised Code, may impose a term of house arrest with electronic
monitoring. The term shall not commence until after the offender
has served the mandatory term of local incarceration.
(e) An offender who previously has been convicted of or
pleaded guilty to a violation of division (A) of this section that
was a felony, regardless of when the violation and the conviction
or guilty plea occurred, is guilty of a felony of the third
degree. The court shall sentence the offender to all of the
following:
(i) If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a mandatory prison term
of sixty consecutive days in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court may impose a prison term in addition to the
mandatory prison term. The cumulative total of a sixty-day
mandatory prison term and the additional prison term for the
offense shall not exceed five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community control sanction for the offense, but the offender shall
serve all of the prison terms so imposed prior to serving the
community control sanction.
(ii) If the sentence is being imposed for a violation of
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of one hundred twenty consecutive days in accordance
with division (G)(2) of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The court may impose a prison term in
addition to the mandatory prison term. The cumulative total of a
one hundred twenty-day mandatory prison term and the additional
prison term for the offense shall not exceed five years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii) In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine of not less than one thousand three hundred
fifty nor more than ten thousand five hundred dollars;
(iv) In all cases, a class two license suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(2) of
section 4510.02 of the Revised Code. The court may grant limited
driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.
(v) In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle involved in
the offense in accordance with section 4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi) In all cases, the court shall order the offender to
participate in an alcohol and drug addiction program authorized by
section 3793.02 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the program. The operator of the program shall
determine and assess the degree of the offender's alcohol
dependency and shall make recommendations for treatment. Upon the
request of the court, the program shall submit the results of the
assessment to the court, including all treatment recommendations
and clinical diagnoses related to alcohol use.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit or nonresident operating privilege suspended
under this section as a result of the conviction or guilty plea
shall pay a reinstatement fee as provided in division (F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under division
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and
if, within sixty days of sentencing of the offender, the court
issues a written finding on the record that, due to the
unavailability of space at the jail where the offender is required
to serve the term, the offender will not be able to begin serving
that term within the sixty-day period following the date of
sentencing, the court may impose an alternative sentence under
this division that includes a term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days required by division (G)(1)(b)(i) of this section, the court,
under this division, may sentence the offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of the five consecutive
days in jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall not exceed six months. The five consecutive days
in jail do not have to be served prior to or consecutively to the
period of house arrest.
As an alternative to the mandatory jail term of twenty
consecutive days required by division (G)(1)(b)(ii) of this
section, the court, under this division, may sentence the offender
to ten consecutive days in jail and not less than thirty-six
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The cumulative total of the ten
consecutive days in jail and the period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed six months. The ten
consecutive days in jail do not have to be served prior to or
consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty
consecutive days required by division (G)(1)(c)(i) of this
section, the court, under this division, may sentence the offender
to fifteen consecutive days in jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The cumulative total of the
fifteen consecutive days in jail and the period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed one year. The fifteen
consecutive days in jail do not have to be served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive days required by division (G)(1)(c)(ii) of this
section, the court, under this division, may sentence the offender
to thirty consecutive days in jail and not less than one hundred
ten consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The cumulative total
of the thirty consecutive days in jail and the period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not exceed one year. The thirty
consecutive days in jail do not have to be served prior to or
consecutively to the period of house arrest.
(4) If an offender's driver's or occupational driver's
license or permit or nonresident operating privilege is suspended
under division (G) of this section and if section 4510.13 of the
Revised Code permits the court to grant limited driving
privileges, the court may grant the limited driving privileges in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the privileges
that the offender must display on the vehicle that is driven
subject to the privileges restricted license plates that are
issued under section 4503.231 of the Revised Code, except as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division (A) of this section shall be distributed as follows:
(a) Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under
division (G)(1)(b)(iii), one hundred twenty-three dollars of the
fine imposed under division (G)(1)(c)(iii), and two hundred ten
dollars of the fine imposed under division (G)(1)(d)(iii) or
(e)(iii) of this section shall be paid to an enforcement and
education fund established by the legislative authority of the law
enforcement agency in this state that primarily was responsible
for the arrest of the offender, as determined by the court that
imposes the fine. The agency shall use this share to pay only
those costs it incurs in enforcing this section or a municipal OVI
ordinance and in informing the public of the laws governing the
operation of a vehicle while under the influence of alcohol, the
dangers of the operation of a vehicle under the influence of
alcohol, and other information relating to the operation of a
vehicle under the influence of alcohol and the consumption of
alcoholic beverages.
(b) Fifty dollars of the fine imposed under division
(G)(1)(a)(iii) of this section shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration. If the offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense prior to being sentenced for the offense but is not
sentenced to a term of incarceration, the fifty dollars shall be
paid to the political subdivision that paid the cost of housing
the offender during that period of confinement. The political
subdivision shall use the share under this division to pay or
reimburse incarceration or treatment costs it incurs in housing or
providing drug and alcohol treatment to persons who violate this
section or a municipal OVI ordinance, costs of any immobilizing or
disabling device used on the offender's vehicle, and costs of
electronic house arrest equipment needed for persons who violate
this section.
(c) Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii) and fifty dollars of the fine imposed under
division (G)(1)(b)(iii) of this section shall be deposited into
the county or municipal indigent drivers' alcohol treatment fund
under the control of that court, as created by the county or
municipal corporation under division (F) of section 4511.191 of
the Revised Code.
(d) One hundred fifteen dollars of the fine imposed under
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the
fine imposed under division (G)(1)(c)(iii), and four hundred forty
dollars of the fine imposed under division (G)(1)(d)(iii) or
(e)(iii) of this section shall be paid to the political
subdivision that pays the cost of housing the offender during the
offender's term of incarceration. The political subdivision shall
use this share to pay or reimburse incarceration or treatment
costs it incurs in housing or providing drug and alcohol treatment
to persons who violate this section or a municipal OVI ordinance,
costs for any immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for persons who violate this section.
(e) Fifty dollars of the fine imposed under divisions
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),
and (G)(1)(e)(iii) of this section shall be deposited into the
special projects fund of the court in which the offender was
convicted and that is established under division (E)(1) of section
2303.201, division (B)(1) of section 1901.26, or division (B)(1)
of section 1907.24 of the Revised Code, to be used exclusively to
cover the cost of immobilizing or disabling devices, including
certified ignition interlock devices, and remote alcohol
monitoring devices for indigent offenders who are required by a
judge to use either of these devices. If the court in which the
offender was convicted does not have a special projects fund that
is established under division (E)(1) of section 2303.201, division
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24
of the Revised Code, the fifty dollars shall be deposited into the
indigent drivers interlock and alcohol monitoring fund under
division (I) of section 4511.191 of the Revised Code.
(f) Seventy-five dollars of the fine imposed under division
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine
imposed under division (G)(1)(b)(iii), two hundred fifty dollars
of the fine imposed under division (G)(1)(c)(iii), and five
hundred dollars of the fine imposed under division (G)(1)(d)(iii)
or (e)(iii) of this section shall be transmitted to the treasurer
of state for deposit into the indigent defense support fund
established under section 120.08 of the Revised Code.
(g) The balance of the fine imposed under division
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this
section shall be disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto automobile dealers association.
The proceeds of any fine so imposed shall be distributed in
accordance with division (C)(2) of that section.
(7) In all cases in which an offender is sentenced under
division (G) of this section, the offender shall provide the court
with proof of financial responsibility as defined in section
4509.01 of the Revised Code. If the offender fails to provide that
proof of financial responsibility, the court, in addition to any
other penalties provided by law, may order restitution pursuant to
section 2929.18 or 2929.28 of the Revised Code in an amount not
exceeding five thousand dollars for any economic loss arising from
an accident or collision that was the direct and proximate result
of the offender's operation of the vehicle before, during, or
after committing the offense for which the offender is sentenced
under division (G) of this section.
(8) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is guilty
of operating a vehicle after underage alcohol consumption and
shall be punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In addition to any other sanction imposed for the offense,
the court shall impose a class six suspension of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one or more
violations of division (A) or (B) of this section or other
equivalent offenses, the offender is guilty of a misdemeanor of
the third degree. In addition to any other sanction imposed for
the offense, the court shall impose a class four suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(4) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then, in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the violation of division (B) of this section.
(I)(1) No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies with the minimum standards for alcohol treatment programs
adopted under Chapter 3793. of the Revised Code by the director of
alcohol and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an alcohol treatment program under an order issued under
this section shall pay the cost of the stay in the program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable to pay the cost of the stay in the program, the court
may order that the cost be paid from the court's indigent drivers'
alcohol treatment fund.
(J) If a person whose driver's or commercial driver's license
or permit or nonresident operating privilege is suspended under
this section files an appeal regarding any aspect of the person's
trial or sentence, the appeal itself does not stay the operation
of the suspension.
(K) Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised Code
apply to this section. If the meaning of a term defined in section
4510.01 of the Revised Code conflicts with the meaning of the same
term as defined in section 4501.01 or 4511.01 of the Revised Code,
the term as defined in section 4510.01 of the Revised Code applies
to this section.
(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,
as adopted by the supreme court under authority of section 2937.46
of the Revised Code, do not apply to felony violations of this
section. Subject to division (N)(2) of this section, the Rules of
Criminal Procedure apply to felony violations of this section.
(2) If, on or after January 1, 2004, the supreme court
modifies the Ohio Traffic Rules to provide procedures to govern
felony violations of this section, the modified rules shall apply
to felony violations of this section.
Sec. 4511.203. (A) No person shall permit a motor vehicle
owned by the person or under the person's control to be driven by
another if any of the following apply:
(1) The offender knows or has reasonable cause to believe
that the other person does not have a valid driver's or commercial
driver's license or permit or valid nonresident driving
privileges.
(2) The offender knows or has reasonable cause to believe
that the other person's driver's or commercial driver's license or
permit or nonresident operating privileges have been suspended or
canceled under Chapter 4510. or any other provision of the Revised
Code.
(3) The offender knows or has reasonable cause to believe
that the other person's act of driving the motor vehicle would
violate any prohibition contained in Chapter 4509. of the Revised
Code.
(4) The offender knows or has reasonable cause to believe
that the other person's act of driving would violate section
4511.19 of the Revised Code or any substantially equivalent
municipal ordinance.
(5) The offender knows or has reasonable cause to believe
that the vehicle is the subject of an immobilization waiver order
issued under section 4503.235 of the Revised Code and the other
person is prohibited from operating the vehicle under that order.
(B) Without limiting or precluding the consideration of any
other evidence in determining whether a violation of division
(A)(1), (2), (3), (4), or (5) of this section has occurred, it
shall be prima-facie evidence that the offender knows or has
reasonable cause to believe that the operator of the motor vehicle
owned by the offender or under the offender's control is in a
category described in division (A)(1), (2), (3), (4), or (5) of
this section if any of the following applies:
(1) Regarding an operator allegedly in the category described
in division (A)(1), (3), or (5) of this section, the offender and
the operator of the motor vehicle reside in the same household and
are related by consanguinity or affinity.
(2) Regarding an operator allegedly in the category described
in division (A)(2) of this section, the offender and the operator
of the motor vehicle reside in the same household, and the
offender knows or has reasonable cause to believe that the
operator has been charged with or convicted of any violation of
law or ordinance, or has committed any other act or omission, that
would or could result in the suspension or cancellation of the
operator's license, permit, or privilege.
(3) Regarding an operator allegedly in the category described
in division (A)(4) of this section, the offender and the operator
of the motor vehicle occupied the motor vehicle together at the
time of the offense.
(C) Whoever violates this section is guilty of wrongful
entrustment of a motor vehicle, and shall be punished as provided
in divisions (C) to (H) of this section.
(1) Except as provided in division (C)(2) of this section,
whoever violates division (A)(1), (2), or (3) of this section is
guilty of an unclassified misdemeanor. When the offense is an
unclassified misdemeanor, the offender shall be sentenced pursuant
to sections 2929.21 to 2929.28 of the Revised Code, except that
the offender shall not be sentenced to a jail term; the offender
shall not be sentenced to a community residential sanction
pursuant to section 2929.26 of the Revised Code; notwithstanding
division (A)(2)(a) of section 2929.28 of the Revised Code, the
offender may be fined up to one thousand dollars; and,
notwithstanding division (A)(3) of section 2929.27 of the Revised
Code, the offender may be ordered pursuant to division (C) of that
section to serve a term of community service of up to five hundred
hours. The failure of an offender to complete a term of community
service imposed by the court may be punished as indirect criminal
contempt under division (A) of section 2705.02 of the Revised Code
that may be filed in the underlying case.
(2)(a) If, within three years of a violation of division
(A)(1), (2), or (3) of this section, the offender previously has
pleaded guilty to or been convicted of two or more violations of
division (A)(1), (2), or (3) of this section or a substantially
equivalent municipal ordinance, the offender is guilty of a
misdemeanor of the first degree.
(b) Whoever violates division (A)(4) or (5) of this section
is guilty of a misdemeanor of the first degree.
In
(3) For any violation of this section, in addition to the
penalties imposed under Chapter 2929. of the Revised Code, the
court
shall may impose a class seven suspension of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, and, if the vehicle involved in the
offense is registered in the name of the offender, the court shall
may order one of the following:
(1)(a) Except as otherwise provided in division (C)(2)(3)(b)
or (3)(c) of this section, the court shall may order, for thirty
days, the immobilization of the vehicle involved in the offense
and the impoundment of that vehicle's license plates. The If
issued, the order shall be issued and enforced under section
4503.233 of the Revised Code.
(2)(b) If the offender previously has been convicted of or
pleaded guilty to one violation of this section or a substantially
equivalent municipal ordinance, the court shall may order, for
sixty days, the immobilization of the vehicle involved in the
offense and the impoundment of that vehicle's license plates. The
If issued, the order shall be issued and enforced under section
4503.233 of the Revised Code.
(3)(c) If the offender previously has been convicted of or
pleaded guilty to two or more violations of this section or a
substantially equivalent municipal ordinance, the court shall may
order the criminal forfeiture to the state of the vehicle involved
in the offense. The If issued, the order shall be issued and
enforced under section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal forfeiture under this division (C)(3)(c) of this section
is assigned or transferred and division (B)(2) or (3) of section
4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealer's automobile dealers
association. The proceeds from any fine imposed under this
division shall be distributed in accordance with division (C)(2)
of section 4503.234 of the Revised Code.
(D) If a court orders the immobilization of a vehicle under
division (C)(3)(a) or (b) of this section, the court shall not
release the vehicle from the immobilization before the termination
of the period of immobilization ordered unless the court is
presented with current proof of financial responsibility with
respect to that vehicle.
(E) If a court orders the criminal forfeiture of a vehicle
under division (C)(3)(c) of this section, upon receipt of the
order from the court, neither the registrar of motor vehicles nor
any deputy registrar shall accept any application for the
registration or transfer of registration of any motor vehicle
owned or leased by the person named in the order. The period of
denial shall be five years after the date the order is issued,
unless, during that five-year period, the court with jurisdiction
of the offense that resulted in the order terminates the
forfeiture and notifies the registrar of the termination. If the
court terminates the forfeiture and notifies the registrar, the
registrar shall take all necessary measures to permit the person
to register a vehicle owned or leased by the person or to transfer
the registration of the vehicle.
(F) This section does not apply to motor vehicle rental
dealers or motor vehicle leasing dealers, as defined in section
4549.65 of the Revised Code.
(G) Evidence of a conviction of, plea of guilty to, or
adjudication as a delinquent child for a violation of this section
or a substantially similar municipal ordinance shall not be
admissible as evidence in any civil action that involves the
offender or delinquent child who is the subject of the conviction,
plea, or adjudication and that arises from the wrongful
entrustment of a motor vehicle.
(H) For purposes of this section, a vehicle is owned by a
person if, at the time of a violation of this section, the vehicle
is registered in the person's name.
Sec. 4549.02. (A) In case of accident to or collision with
persons or property upon any of the public roads or highways, due
to the driving or operation thereon of any motor vehicle, the
person driving or operating the motor vehicle, having knowledge of
the accident or collision, immediately shall stop the driver's or
operator's motor vehicle at the scene of the accident or collision
and shall remain at the scene of the accident or collision until
the driver or operator has given the driver's or operator's name
and address and, if the driver or operator is not the owner, the
name and address of the owner of that motor vehicle, together with
the registered number of that motor vehicle, to any person injured
in the accident or collision or to the operator, occupant, owner,
or attendant of any motor vehicle damaged in the accident or
collision, or to any police officer at the scene of the accident
or collision.
In the event the injured person is unable to comprehend and
record the information required to be given by this section, the
other driver involved in the accident or collision forthwith shall
notify the nearest police authority concerning the location of the
accident or collision, and the driver's name, address, and the
registered number of the motor vehicle the driver was operating,
and then remain at the scene of the accident or collision until a
police officer arrives, unless removed from the scene by an
emergency vehicle operated by a political subdivision or an
ambulance.
If the accident or collision is with an unoccupied or
unattended motor vehicle, the operator who collides with the motor
vehicle shall securely attach the information required to be given
in this section, in writing, to a conspicuous place in or on the
unoccupied or unattended motor vehicle.
(B) Whoever violates division (A) of this section is guilty
of failure to stop after an accident, a misdemeanor of the first
degree. If the accident or collision results in serious physical
harm to a person, failure to stop after an accident is a felony of
the fifth degree. If the accident or collision results in the
death of a person, failure to stop after an accident is a felony
of the third degree. The court, in addition to any other penalties
provided by law, shall impose upon the offender a class five
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in
division (A)(5) of section 4510.02 of the Revised Code. No judge
shall suspend the first six months of suspension of an offender's
license, permit, or privilege required by this division.
The offender shall provide the court with proof of financial
responsibility as defined in section 4509.01 of the Revised Code.
If the offender fails to provide that proof of financial
responsibility, then, in addition to any other penalties provided
by law, the court may order restitution pursuant to section
2929.18 or 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the motor vehicle before, during, or
after committing the offense charged under this section.
Sec. 4549.021. (A) In case of accident or collision
resulting in injury or damage to persons or property upon any
public or private property other than public roads or highways,
due to the driving or operation thereon of any motor vehicle, the
person driving or operating the motor vehicle, having knowledge of
the accident or collision, shall stop, and, upon request of the
person injured or damaged, or any other person, shall give that
person the driver's or operator's name and address, and, if the
driver or operator is not the owner, the name and address of the
owner of that motor vehicle, together with the registered number
of that motor vehicle, and, if available, exhibit the driver's or
operator's driver's or commercial driver's license.
If the owner or person in charge of the damaged property is
not furnished such information, the driver of the motor vehicle
involved in the accident or collision, within twenty-four hours
after the accident or collision, shall forward to the police
department of the city or village in which the accident or
collision occurred or if it occurred outside the corporate limits
of a city or village to the sheriff of the county in which the
accident or collision occurred the same information required to be
given to the owner or person in control of the damaged property
and give the date, time, and location of the accident or
collision.
If the accident or collision is with an unoccupied or
unattended motor vehicle, the operator who collides with the motor
vehicle shall securely attach the information required to be given
in this section, in writing, to a conspicuous place in or on the
unoccupied or unattended motor vehicle.
(B) Whoever violates division (A) of this section is guilty
of failure to stop after a nonpublic road accident, a misdemeanor
of the first degree. If the accident or collision results in
serious physical harm to a person, failure to stop after a
nonpublic road accident is a felony of the fifth degree. If the
accident or collision results in the death of a person, failure to
stop after a nonpublic road accident is a felony of the third
degree. The court, in addition to any other penalties provided by
law, shall impose upon the offender a class five suspension of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(5) of
section 4510.02 of the Revised Code. No judge shall suspend the
first six months of suspension of an offender's license, permit,
or privilege required by this division.
The offender shall provide the court with proof of financial
responsibility as defined in section 4509.01 of the Revised Code.
If the offender fails to provide that proof of financial
responsibility, then, in addition to any other penalties provided
by law, the court may order restitution pursuant to section
2929.18 or 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the motor vehicle before, during, or
after committing the offense charged under this section.
Sec. 4549.03. (A) The driver of any vehicle involved in an
accident resulting in damage to real property, or personal
property attached to real property, legally upon or adjacent to a
public road or highway immediately shall stop and take reasonable
steps to locate and notify the owner or person in charge of the
property of that fact, of the driver's name and address, and of
the registration number of the vehicle the driver is driving and,
upon request and if available, shall exhibit the driver's driver's
or commercial driver's license.
If the owner or person in charge of the property cannot be
located after reasonable search, the driver of the vehicle
involved in the accident resulting in damage to the property,
within twenty-four hours after the accident, shall forward to the
police department of the city or village in which the accident or
collision occurred, or if it occurred outside the corporate limits
of a city or village to the sheriff of the county in which the
accident or collision occurred, the same information required to
be given to the owner or person in control of the property and
give the location of the accident and a description of the damage
insofar as it is known.
(B) Whoever violates division (A) of this section is guilty
of failure to stop after an accident involving the property of
others, a misdemeanor of the first degree.
The offender shall provide the court with proof of financial
responsibility as defined in section 4509.01 of the Revised Code.
If the offender fails to provide that proof of financial
responsibility, then, in addition to any other penalties provided
by law, the court may order restitution pursuant to section
2929.28 of the Revised Code in an amount not exceeding five
thousand dollars for any economic loss arising from an accident or
collision that was the direct and proximate result of the
offender's operation of the motor vehicle before, during, or after
committing the offense charged under this section.
Section 2. That existing sections 117.091, 2329.66, 2901.02,
2929.18, 2929.24, 2929.25, 2929.27, 2929.28, 2951.02, 4507.02,
4507.164, 4507.35, 4510.036, 4510.037, 4510.11, 4510.12, 4510.14,
4510.16, 4510.161, 4510.21, 4510.22, 4510.41, 4511.19, 4511.203,
4549.02, 4549.021, and 4549.03 of the Revised Code are hereby
repealed.
Section 3. The Ohio judicial conference shall make and cause
publication of the adjustment required by the amendment to section
2329.66 of the Revised Code as soon as possible but not later than
thirty days after the effective date of this section.
Section 4. Section 4510.41 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 241 and Am. Sub. H.B. 461 of the 126th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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